This brings to the fore the second related set of
questions concerns. What were and are the sources of funds of these
domestic bulls who take risks and drive markets, for at least some time,
and of the bears who on occasion even hammer them out of business? Brokers
we must recall deal only marginally with their own resources. Their
primary role is to convince investors to provide them funds to realize
strategies they believe would yield quick and large returns. Media reports
on the events that led to Ketan Parekh's fall from grace have focused
on the funds he fraudulently acquired from the Bank of India and other
commercial banks. That story is now well known. Parekh was issued pay-orders,
which are in the nature of demand drafts, by the Ahmedabad-based Madhavpura
Mercantile Cooperative Bank (MCCB), without any reciprocal pay-in of
funds either directly in the form of cash or indirectly in the form
of deposits that could serve as collateral for a loan. This was not
without any reason. In the past MMCB must have benefited immensely from
its association with Parekh, as is evident from reports suggesting that
its total exposure to Parekh was in the range of Rs. 800 crore. Clearly
Parekh and the MMCB management saw the issue of around Rs. 200 crore
worth of pay-orders as a form of temporary accommodation that would
be made good by Parekh as soon as his speculative trades had been completed.
A reading of Budget 2001, which provides a range of sops to render markets
buoyant, does in fact suggest that his gamble was not all to wild. It
failed, rendering the MMCB pay-orders worthless, not so much because
of the judgment on which it was based but because of the concerted move
by the bear cartel to exploit unfairly obtained knowledge of Parekh's
maneuvers by dumping shares on which Parekh was placing his bets.
But, given Parekh's access to resources and acumen,
he must have made an attempt to counter these moves of the cartel. Hence,
the collapse in prices could be explained only by ability of these operators
to supply an adequately large sum of these and related shares. What
then was the source of the riches of the bear cartel, which finally
won out? While a final judgment on the matter must await the SEBI's
report on its investigation, there are a number of strands of the answer
that have been revealed. Being regular operators, it is quite possible
that the bear operators had in their pool significant amounts of these
crucial stocks, not necessarily belonging to them, but which they were
trading on behalf of the investors they represented. It is true that
under the recently framed rules relating to trading and settlement
in dematerialized form, these stocks have to be lodged with a depository
against the name of the actual owner. However, in practice many brokers
carry large volumes of stocks in their pool accounts. Various reasons
such as use of stocks as margin deposits by clients, delay in the flow
of instructions from the client's depository participant to the
brokers depository participant and intentions to sell in the subsequent
settlement period have been used by broking houses to explain away they
unusually large pool accounts. In the event, there are a large number
of in-transit shares that brokers have access to, even if they do not
have legal ownership right to trade in them.
This pool, however, does not limit the trading ability
of the bear cartel. It could use a number of avenues afforded by stock-market
rules, framed in the wake of liberalization, to increase liquidity in
the market. One such is the practice of borrowing and lending stocks.
Under the Securities Lending Scheme introduced in 1997, holders of stocks
lodged with the depository, like the Stockholding Corporation of India
Ltd (SHCIL), could come to an agreement, implemented through the intermediary,
to lend these stocks to others for a specified period of time for an
interest. Some stocks holders like the FIIs and institutions like the
UTI and the insurance companies often have large volumes of individual
stocks in their kitty. So long as members of the bear cartel have information
as to which players have large volumes of specific stocks, they can
work out a deal to borrow these shares, providing them access to them
even if they do not have the right to trade in them.
Knowledge of the existence and source of the required
shares can encourage the practice of short-selling, or sale of shares
not owned by the trader, in the belief that prices are going down and
the shares can be made good to the actual owner by buying them back
at much lower prices at a later date. That this practice was resorted
to by the bear cartel is clear from the fact that the SEBI decided to
ban short-sales in the wake of the collapse in stock indices in March.
Thus the bear cartel clearly required litlle by way of own resources
to indulge in the activities that led up to the collapse of markets.