Regulator Sebi has barred MGH Project India Ltd and its directors from capital markets after finding that the company had illegally raised money from people. The Securities and Exchange Board of India (Sebi) found that the firm had raised Rs 1.35 crore by issuing redeemable preference shares to 2,355 investors during 2011-12 without complying with regulatory provisions applicable to a public issue. The regulator observed that allotment of preference shares by the firm was a public issue (made to more than 50 people), which under the rules require a compulsory listing on a recognised stock exchange. It was also required to file a prospectus, among others, which it failed to do. “As the offer and allotment of preference shares are, prima facie, a public issue in accordance with the provisions of the Companies Act… I find that MPIL (MGH Project India Ltd) is prima facie in breach of the provisions of … the Companies Act,” Sebi Whole Time Member G Mahalingam said in an interim order.
“It can be reasonably inferred that money mobilisation on the part of MPIL is potentially placing investors at risk by not following the requirements of law applicable to a public issue… I find this to be a fit case to pass interim directions against MPIL and … directors and promoters,” he added. Accordingly, Sebi has prohibited the company, its directors and promoters – Koushik Mukherjee, Syed Shofique Hossain, Pradyut Kumar Ghosh, Shome Shankar Ray, Syed Safkat Hossain, Tapas Ghosh, Sudip Banerjee and Mithu Ghosh- from accessing the securities market either directly or indirectly or associating themselves with any listed firm.
Also, they have been restrained from disposing of their assets as well as diverting any funds garnered from the public through the allotment of preference shares.These directions would remain in force until further orders, Sebi noted. Besides, they have been directed to cooperate with Sebi and furnish all information sought in connection with the issuance of preference shares.