Adani Green Energy confirmed on Wednesday that Gautam Adani and his nephew Sagar Adani plan to ask a New York federal court to dismiss a civil complaint the U.S. Securities and Exchange Commission brought against them. The company said the defendants filed a pre-motion letter indicating their intention to move for dismissal and that they are prepared to appear for a pre-motion hearing if the court schedules one.
In the pre-motion filing, the defendants contend the court lacks jurisdiction over both Gautam and Sagar Adani. They identified additional grounds for dismissal tied to the complaint's asserted "extraterritorial nature," emphasizing that the Adanis and all alleged misconduct were located in India and that the bonds at the center of the dispute were never traded on a U.S. exchange.
Reuters on Tuesday reported that Gautam Adani planned to seek dismissal of the SEC case, citing his lawyers.
The SEC charged Gautam Adani and Sagar Adani in November 2024, accusing them of orchestrating a scheme of alleged bribes amounting to hundreds of millions of dollars to Indian officials to benefit Adani Green Energy. Both men serve as directors of Adani Green.
The SEC's securities fraud complaint is connected to an allegation that Adani Green failed to disclose the scheme in documentation for a $750 million bond offering completed in 2021. Adani Green Energy said it is not a party to the SEC proceedings and that no charges have been filed against the company.
No timetable for the court's response to the pre-motion letter was specified in the company's statement. The filing and the defendants' stated defenses focus on procedural and jurisdictional challenges rather than addressing the underlying allegations in the SEC complaint.
Given the filings, the next formal step identified by the defendants is the motion to dismiss, which they aim to have before the court by April 30. How the court will rule on questions of jurisdiction and extraterritorial application of U.S. securities laws was not addressed in detail in the company's announcement.