Washington | Billionaire Gautam Adani and his nephew Sagar Adani have made their first formal filing in a US court in a civil fraud case brought by the Securities and Exchange Commission (SEC), signalling a possible willingness to engage with the regulator on how court summons will be served.
In a letter submitted on January 23 to a New York federal judge, lawyers representing the Adanis informed the court that discussions were underway with the SEC to resolve the issue of service of summons. The filing requested that the court defer any immediate ruling while the two sides continue talks. The letter did not spell out the terms being discussed.
Certified Cyber Crime Investigator Course Launched by Centre for Police Technology
The development comes against the backdrop of a prolonged standoff over the delivery of summons through Indian authorities. The SEC recently urged the court to authorise alternative methods of service — including email and service through the Adanis’ US legal counsel — after India’s law ministry declined to execute the request on two occasions under the Hague Convention.
The regulator’s request to bypass the Indian government followed objections raised by the ministry of law and justice, which acts as India’s designated authority for such matters. According to court filings, the ministry first returned the summons in May 2025, citing the absence of an ink signature on the SEC’s cover letter and the lack of an official seal on the Hague Convention forms.
The SEC rejected those objections and resubmitted the request later that month, arguing that the Hague Convention does not mandate either a signed cover letter or an official seal. The agency noted that similar requests are routinely processed by other signatory countries without such requirements.
In December 2025, the ministry raised a second objection, this time invoking an internal rule from the SEC’s informal procedures and stating that the summons did not fall within the prescribed categories. The SEC has described both objections as unfounded, asserting that the Hague Convention governs only the mechanics of service, not the regulator’s authority to initiate enforcement actions.
In a memorandum filed before the court, the SEC said it does not expect service to be completed through the Hague Convention given India’s stated position. It has asked the judge to permit alternative means of service, arguing that defendants cannot indefinitely evade legal process due to procedural roadblocks.
The Indian law ministry has not issued an official response on the matter. An SEC spokesperson said the agency would not comment beyond its public filings. Representatives for the Adanis declined to comment when contacted, citing the pending nature of the proceedings.
The SEC filed civil charges against Gautam Adani and Sagar Adani on November 20, 2024, alleging securities fraud linked to a $750 million bond offering that raised more than $175 million from US investors. The Adani Group has previously dismissed the allegations as “baseless” and has said it will contest them through appropriate legal channels.
The regulator formally initiated the Hague Convention process in February 2025, but the repeated objections stalled progress for several months. With no clear path forward through Indian authorities, the SEC turned to the court seeking approval for alternative service.
Legal experts say US courts have broad discretion to allow non-traditional methods of service when conventional routes fail. Under federal rules, judges may authorise service via electronic means or through legal representatives if it is deemed reasonably calculated to provide notice to the defendants.
The latest court filing by the Adanis is being viewed as a procedural turning point, indicating that the case may now move beyond the summons dispute and into substantive legal territory.
The developments also weighed on market sentiment. Following reports of the SEC’s move to seek email service, shares of several Adani Group companies fell between 3% and 14% on Friday.
Observers say the coming weeks will be crucial in determining how the court resolves the summons issue and whether the parties move toward a negotiated resolution or prepare for a contested legal battle in the US.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
