The US Securities and Exchange Commission (SEC) has formally requested that a US court grant it the authority to serve summonses directly via email to Indian billionaire Gautam Adani, founder of the Adani Group, and his executive relative Sagar Adani. This action arises from ongoing allegations involving an alleged $265 million bribery scheme and fraudulent activities, according to filings made in New York.
The SEC detailed that previous attempts to serve the summonses through Indian channels had failed, with India denying two requests for service. These refusals have prompted the regulator to seek an alternative method, proposing to bypass Indian government authorities and deliver the summonses electronically to the targeted executives.
The legal procedures concern the Adani Group, a major Indian conglomerate, in a high-profile US civil case. The SEC alleges that the group executives engaged in a bribery scheme aimed at Indian officials, involving payments tied to the purchase of electricity generated by Adani Green Energy, a subsidiary within the conglomerate. It is important to note that this civil case differs from a separate criminal indictment pursued by the US Department of Justice, which remains active against several defendants, including the Adanis.
In response to the allegations, the Adani Group has publicly rejected the SEC’s claims as unfounded and has stated its intention to utilize all available legal avenues to defend its position. The group has yet to comment on the recent SEC court filing dated January 21.
The SEC’s request to the New York court emphasizes that it “does not expect service to be completed” through the standard diplomatic process established under the Hague Convention, citing procedural objections from India’s law ministry. These objections have included formalistic concerns such as signature and seal requirements, which the SEC argues are unnecessary for summons service to individuals overseas under international treaty provisions.
Moreover, the SEC notes that India's law ministry has appeared to question the regulator's authority to request summons service, further complicating the matter. The SEC characterization suggests that pursuing service through traditional diplomatic channels is unlikely to be fruitful going forward.
Both India’s law ministry and the Adani Group have not immediately issued statements regarding the latest development.
The ongoing tensions surrounding this case occur against the backdrop of broader complexities in US-India relations, including economic and trade disagreements.