Did the Adani Group Secure a Landmark Win Against SEBI?

Synopsis
Key Takeaways
- SEBI cleared Adani Group of all allegations.
- No evidence of financial misconduct found.
- All loans were repaid before the investigation.
- Hindenburg's claims deemed unfounded.
- Landmark ruling strengthens the Adani Group's market position.
Mumbai, Sep 18 (NationPress) In a significant triumph for the Adani Group, the Securities and Exchange Board of India (SEBI) has concluded its investigation regarding the allegations put forth by US short-seller Hindenburg Research.
This final ruling reveals the inaccuracies of the claims widely disseminated by the short-seller, as India's market regulator determined that the Adani Group did not breach any regulations by channeling funds through two private entities, effectively dismissing assertions of concealed related-party transactions and fraud.
The inquiry, initiated by a Supreme Court order following the Hindenburg report in January 2023, focused on dealings among publicly listed Adani companies — Adani Ports & Special Economic Zone, Adani Power, and Adani Enterprises — and two private, unlisted firms: Milestone Tradelinks and Rehvar Infrastructure.
Hindenburg had claimed that these private firms acted as a cover to hide transactions that needed to be reported to shareholders as "related party transactions" (RPTs).
However, the SEBI's thorough investigation, outlined in its final order, found these allegations to lack merit. The regulator's primary conclusion was based on the implications of the LODR Regulations during the investigation period (2018-2023).
The SEBI clarified that the law at that time only defined related party transactions concerning direct engagements between a company and its related parties. Milestone and Rehvar, despite having business connections, were not legally categorized as related parties to the Adani companies under the applicable regulations.
The ruling further stressed that the 2021 amendment to the LODR Regulations, intended to encompass such "indirect" transactions, was applied prospectively, not retrospectively. The SEBI stated that imposing this new, stringent definition on transactions from years past would be "legally impermissible".
This outcome is a considerable relief for the Adani Group, which saw its market value plummet sharply following the Hindenburg report.
The SEBI also closely scrutinized the financial details of the transactions.
It was observed that all loans — totaling several thousand crores — were completely repaid, with interest, well before the SEBI’s investigation began.
"There was no evidence of fund diversion, siphoning of money, or losses to shareholders,” the ruling stated, effectively dismantling the fraud allegations under SEBI's PFUTP Regulations.
With the allegations "not established", the SEBI has exonerated all parties involved, including group Chairman Gautam Adani and his brother Rajesh Adani, from any wrongdoing.