Wednesday, October 2, 2013

NSEL---HOPE VANISHES, PHOENIX CAN’T FLY----(PART 5)

INDIAN--NATIONAL SPOT EXCHANGE LIMITED  

(PART 5)  

Tejinder Narang

 

THERE IS NO ASH FROM WHERE THE PHOENIX CAN RISE.


NSEL episode calls for a moment of introspection whether delivery based transactions should at all be undertaken in future exchanges till such time back-end superstructure of storage and negotiable warehousing receipts, systemic perfection in banking and reputed/qualified surveyors is put in place. 
------------------------------------------------------------------------------------------


Indian Finance Minister, Mr. P. Chidambaram’s views on NSEL default/alleged fraud must be taken with full solemnity. He is a genius in finance and a legal luminaire of exceptional excellence with gifted abilities of intelligence, acumen and foresight.

According to the Finance Minister, investors invested with “open eyes.”  They made money and lost money. They were not babes in the woods. Any wrong doings of NSEL are now subject matter of investigations and court proceedings. That is the sum, substance and the conclusion of the highest financial authority in the Indian Government after preliminary findings. 

This contentious matter is now dragged to the probe agencies followed by judgements of the court—from the lower to the Highest Court.  The wrong doers may be subject to penalties or jail or bail but recovery appears to be a farfetched dream.  Tracing the money may not mean its recovery.

In all fraudulent transactions emotions over rule the reason.  The emphasis is directed towards punishing the cheaters and not upon the recovery of the outstanding. Neither it is possible to restructure the payments in deferred instalments because exchange’s operations are not comparable to bank.

The very fact that NSEL transactions were not supported by any physical stock is a clever camouflage by its management for last three four years where in perhaps some other stake holders might have colluded and may be implicated.Are designers and connivers of this alleged frauds are merly the employees and their associates/companies? No high profile VIP or Minister has so far been named.    Even prominent Indian PSUs are deceived by the web of deception.

With millions of litigations lingering in Indian courts for umpteen years, these 25-30 cases will also add to the list of unending hearings with extra income to the advocates. They say--There is none above law. But what is the law?  Company Law, FMC, Income tax, Indian law? Or Law of Equity and Justice??  Or the Law as interpreted by me-Lord?

Evidence of shady stocks through managed warehouse receipts, non-genuineness of surveyor’s reports to support the withdrawal of money from the financial institutions is known to all in the trade.  All delivery based transactions whether in spot or future exchange are always in the grave danger of either having less inventory or poor quality of inventory or sometimes no inventory. 

NSEL episode calls for a moment of introspection whether delivery based transactions should at all be undertaken in future exchanges till such time back-end superstructure of storage and negotiable warehousing receipts, systemic perfection in banking and reputed/qualified surveyors is put in place. 

However, the present state of affairs does not provide any ray of hope for recovery.  Phoenix is a mythological myth. It defies the reality of reincarnation.
Earlier Blogs on the same subject--


No comments:

Post a Comment