Lodhas to file appeal before Division Bench in Calcutta High Court

Elvera Bartels

Lodhas are gearing up to file an attraction against the Solitary Bench purchase of Calcutta Superior Court restraining Harsh Vardhan Lodha from keeping any business in M P Birla team entities following 7 days and could be as early as Monday. The attraction will be submitted just before the Division Bench of the Calcutta Superior Court.

Late on Saturday, listed companies of the M P Birla team educated stock exchanges that a Solitary Bench purchase of Calcutta Superior Court dated September eighteen, 2020, in a probate continuing to which the firm is not a bash has, inter-alia, restrained Shri Harsh V Lodha, non-govt director and chairman of the firm from keeping any business in them.

The companies reported that they ended up in the course of action of examining the purchase. There are four production entities in the M P Birla team that are listed: Birla Company, Vindhya Telelinks, Universal Cables and Birla Cable.

The other production firm, Hindustan Gum and Chemical substances is a fifty:fifty joint enterprise with Solvay Inc of the US.

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The purchase handed on Friday has an influence on close to thirty companies, trusts and societies keeping shares in a variety of companies of the M P Birla team as they would physical exercise their voting right in accordance with the instructions of the APL Committee (committee of administrators pendente lite of the estate of Priyamvada Birla), appointed by court docket in 2012, to oversee and administer the estate of Priyamvada Birla.

The purchase stated that the APL Committee had the right to physical exercise all these types of powers and conduct all these types of functions as late PDB (Priyamvada Devi Birla) would have exercised had she been alive.

PDB had a controlling shareholding in the financial investment companies both by immediate financial investment of or together with other financial investment companies, and PDB and the financial investment companies jointly with production companies, by way of cross shareholding, had controlling curiosity in all those people production companies.

The M P Birla team companies, it may possibly be stated, have a pyramid composition of management less than which Priyamvada Birla instantly managed the apex financial investment corporations and by way of a system of chain and cross keeping of shares, the production and running companies – Universal Cables, Vindhya Telelinks, Hindustan Gum & Chemical substances, Birla Cable and Birla Company – ended up managed.

When Lodhas’ stand is that the estate of Priyamvada Birla has only 16.04 for every cent shareholding (immediate and a modest component of indirect) in Birla Company, the Birlas and the APL Committee ended up of the perspective that it had a controlling curiosity of 62.09 for every cent (which includes equally immediate and indirect shareholding). Birla Company is the flagship of the M P Birla team. The 62.09 for every cent reflects promoter shareholding in the firm.

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According to the Birlas, it was crystal clear from the judgment of the court docket that the sole objective of the judgment was to defend and maintain the estate which includes the controlling block of shares in the M P Birla team.

“In the curiosity of the estate as nicely as the M P Birla team, the court docket has handed strictures and injunctive orders against Harsh Vardhan Lodha such as his removing from all positions in the M P Birla team,” the Birla aspect reported.

The listed companies of the M P Birla team are also expected to raise the subject lawfully that shareholders had voted in favour of Lodha’s reappointment.

In a statement on Friday, Birla Company had reported that it would take a look at the Calcutta Superior Court judgment and consider essential measures, such as filing of attraction, for the reason that the verdict had disregarded shareholders’ democracy and the right to elect by vast majority of their votes a individual as a director of the firm.

In Birla Company, Lodha was reappointed with a vast majority of 98 for every cent votes in favour. In other companies the place the APL Committee had opposed reappointment – Vindhya Telelinks, Birla Cable (July 2019) and Universal Cables apart from Birla Company (July 2020) – Lodha was reappointed with far more than 97 for every cent votes in favour.

  • Tierwise broad composition of M P Birla team companies by way of key companies
  • Estate of Priyamvada Birla
  • Tier1: East India Investment Co Pvt Ltd, Gwalior Webbing Co Pvt Ltd
  • Tier 2: The Punjab Produce & Trading Co Pvt Ltd, Baroda Agents & Trading Co Pvt Ltd, Punjab Produce Holdings Ltd
  • Tier three: Universal Cables Ltd, Vindhya Telelinks, Hindustan Gum & Chemical substances Ltd
  • Tier four: Birla Cable Ltd, Birla Company
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