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2013 Supreme(Kar) 845

N.KUMAR, RATHNAKALA
BNP Paribas – Appellant
Versus
United Breweries (Holdings) – Respondent


Advocates Appeared:
For the Appearing Parties:Fereshte Sethna, Advocate for G. Prashanth for M/s. DMD, Udaya Holla Senior Counsel for Vivek Holla for M/s. Holla & Holla, B.N. Harish for Samrad Partners, M.T. Nanaiah, Senior Counsel for Prabhu Goud B. Tumbagi, S.S. Naganand, Senior Counsel for N.N. Harish for M/s. Aaren Associates, M/s. Murali & Co., Shreyas Jayasimha for M/s. AZB Partners, George Joseph, Rayappa Y. Hadagali for M/s. Dua Associates, Fereshte Sethna, G. Prashanth, Advocate for M/s. DMD, Aditya Sondhi, Aditya Narayan, A. Murali, for J. Sagar Associaes Vikranth Hegde, Hina Lawence for M/s. Poovayya & Co., Kumar, Bhat, Sundar Raman, M/s. Gerohalli Law Associates, Advocates.

Judgment :

All these appeals are preferred against the common order passed by the learned Company Judge in Company Application Nos.437, 441, 440, 439 and 438/2012 in Company Petition Nos.122, 121, 248, 185 and 57/2012 decided on 24th May 2013, where on an application filed under Section 536(2) read with Section 537(1) of the Companies Act, 1956 (for short hereinafter referred to as 'the Act'), granted permission to the Company to sell 13,612,591 equity shares of United Spirits Limited (USL) held by it, to Relay B.V. and Diageo Plc and others acting in concert, at a sale price of Rs.1,440/- per equity share and other consequential directions. Therefore, all these appeals are taken up for consideration together.

2. For the purpose of convenience, the parties are referred to as they are referred to in the Company Petitions.

3. The petitioner - BNP Paribas is a Company organized and existing under the laws of Republic of France, which has a registered office at 16, Boulevard Des, Italiens- 75009, Paris, France, which is a Bank. The petitioner financed the acquisition of three Aircrafts by Kingfisher Aero. However, they secured guarantees from the respondent - United Breweries (Holdings) L

























































































































































































































































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