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Reliance gets relief from India's highest court in securities fraud case

The Indian Supreme Court granted relief to Reliance Industries Ltd on Friday in a securities?fraud?case, overturning both a lower court decision and a 2020 order by the markets regulator that claimed the 'firm' engaged in manipulative trading.

According to the order, the court ordered the Securities and Exchange Board of India to refund the 2.5 billion rupees (26.32 millions dollars) that it collected from Mukesh Ambani's company while the appeal was pending.

RIL and SEBI didn't immediately respond to requests for comment. Requests for comment from RIL and SEBI were not immediately responded to.

The case is about RIL's decision in November 2007 to sell a?5% stake in Reliance Petroleum Ltd. (RPL). Before the sale, RIL entered into agreements with 12 entities who took short positions on RPL futures contracts. Profits and losses from these trades were ultimately attributed to the company.

SEBI's?2020 order ruled that this arrangement was fraud and market manipulative as it circumvented derivatives position limits, cornered market, and influenced settlement price.

The company was ordered to refund 4,47 billion rupees in investor funds.

RIL appealed the order to the Securities Appellate Tribunal which confirmed SEBI's findings. The company then approached the Supreme Court.

The top court held, however, that a violation of position limits was a regulatory violation, but did not establish fraud by itself. Hedging is a legitimate risk management tool, and there's no requirement to have a "perfect" hedge.

The court said that there was no legal requirement for SEBI to "ensure a perfect hedging with a 1:1" ratio. It also stated that SEBI failed to meet its higher burden of proof to prove manipulation.

Sumit Agrawal is a senior partner at Regstreet Law Advisors. He said: "Concentration of positions, aggressive trading strategy, or even violations of trading standards may invite regulatory consequences but are not sufficient to establish market abuse." $1 = 95.0000 Indian Rupees

(source: Reuters)