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Mallya goes to SC over Herbertsons order

BS Corporate Bureau in New Delhi | August 30, 2003 10:47 IST

UB Group Chairman Vijay Mallya on Friday approached the Supreme Court, seeking a stay on the August 1 order of the Securities Appellate Tribunal, which directed Kishore Chhabria to make an open offer for an additional 20 per cent stake in Herbertsons.

The Supreme Court has admitted Mallya's plea and the hearing is on September 8.

Mallya had earlier filed a revision petition in the tribunal against its earlier order. The verdict is likely to be delivered next week.

When contacted, UB Group executives said: "Our lawyers have filed a special leave petition in the Supreme Court and have asked for an early hearing. The hearing will take place on September 8."

On their part, sources close to Chhabria said, "These are just delaying tactics being used by Mallya."

Chhabria has already announced his open offer for a 20 per cent stake in Herbertsons at Rs 90.50 per share.

If successful, the offer could give him control of the company as Chhabria currently owns 43 per cent of Herbertsons' stock. Herbertsons owns India's largest selling whisky brand, Bagpiper, while its 100 per cent subsidiary, BDA Distilleries, owns Officer's Choice.

After the tribunal order, Mallya had three options: make a counter-offer, approach the Supreme Court or file a revision petition in the tribunal.

Though Mallya has appointed Kotak Mahindra for the counter-offer, it will amount to acknowledging Chhabria's additional stake, which is contested by Mallya.

Since Chhabria's offer will open for the public on October 3, Mallya has enough time to announce a counter- offer.

Mallya has also been eyeing an out-of-court settlement on the issue for some time now.

The tribunal order had overturned an earlier Securities and Exchange Board of India decision, which required Mallya to reduce his holding in the company to 21.4 per cent and Chhabria to reduce his to 10 per cent through an open offer for sale of shares at face value of Rs 10 each.

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