Sammaan Capital cleared in PIL: Supreme Court told no loss caused, all loans repaid
Synopsis
Key Takeaways
The Supreme Court on Tuesday, 28 July took up a long-pending public interest litigation (PIL) involving Sameer Gehlaut, the erstwhile promoter of Sammaan Capital Limited, and other respondents — with the Additional Solicitor General (ASG) confirming before the bench that no financial loss whatsoever has been caused to the company and that all loans extended by it have been repaid in full, along with interest.
What the Court Was Told
The ASG, appearing on behalf of the investigating agencies, the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), and other respondent government bodies, placed on record that every loan disbursed by Sammaan Capital has been fully recovered with interest. This effectively reaffirms that the company itself has not suffered any monetary damage as a result of the conduct under investigation.
Senior advocates Mukul Rohatgi, Dr. Abhishek Manu Singhvi, and Nalin Kohli, appearing for Sammaan Capital, stressed to the court that the company bears no connection to Gehlaut, noting that he has held neither any shareholding nor promoter status in Sammaan Capital for over three years.
Sammaan Capital's Current Ownership
Sammaan Capital today operates under an entirely new promoter structure. International Holding Company PJSC (IHC), an Abu Dhabi-based sovereign-linked investor, has invested $1 billion in the company — described as the largest foreign direct investment (FDI) in the Indian non-banking financial company (NBFC) sector — and has assumed control of the company's board. The transition effectively distances the current entity from the conduct that is the subject of the PIL.
Sammaan Capital Identified as Victim, Not Accused
Notably, in earlier affidavits filed before the court, the investigating agencies themselves recorded Sammaan Capital as a victim of the very conduct under investigation, not as a party implicated in wrongdoing. This framing is significant: it draws a legal and factual line between the company as it currently exists and the actions attributed to its former promoter.
Court's Displeasure and Next Steps
The Supreme Court expressed its displeasure over the delay in filing a status report, noting that the PIL has been pending for a considerable period without a formal update from the investigating agencies. The court has now directed that the status report be filed within two weeks. The ASG had sought this time to compile a comprehensive report on the ongoing investigation into Gehlaut, his associated companies, and other parties. The matter is expected to come up for further hearing once the status report is on record.