904-NMS-1220-15-F4.DOC
before execution and rendomising the time priority of
orders that an Exchange receives.”
4.
A second article followed on 8th July 2015.2 The combined
effect of this, according to Dr. Tulzapurkar, is that the articles tend
to lead “the lay reader” to conclude to the detriment of the NSE
that firstly it is because of the articles that regulators such as the
Reserve Bank of India (“RBI”) and SEBI have commenced
investigations; second, that there are serious wrongdoings on the
part of the NSE; and third, that the NSE itself is complicit in
permitting these illegal HFTs or algo trades.
5.
Dr Tulzapurkar submits that these allegations are entirely
false. He points to paragraph 18A of the plaint, one that was added
by an amendment permitted on 24th July 2015, after the suit was
filed and on the day the Notice of Motion was first moved for adinterim reliefs.
6.
To understand that paragraph and what it seeks to portray, I
think some background to what is being alleged is necessary. The
case presented by the Defendants in their articles, at least as I
understand it, is thus. The NSE, as indeed many other bourses,
both here and abroad, routinely permit what is called co-location.
Typically, a co-location centre (often called a ‘colo’) is a data centre
that rents equipment, space, and bandwidth to retail subscribers.
This allows for leveraging economies of scale, more advanced
infrastructure, lower latency (lag times), upgraded system security
and so on. In the present variant, I understand the complaint in the
anonymous letter to mean that the NSE permitted, for a significant
2
Plaint, pp. 52 to 54.
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