New Delhi, June 4: The Company Law Board (CLB) on Friday sought reply from LML Ltd and its managing director Deepak Singhania to a petition filed by estranged joint venture partner Piaggio Vespa alleging mismanagement in the affairs of the scooter company.The two-member principal bench comprising CLB chairman S Balasubramanian and member AK Doshi in its order said, ``We consider it appropriate to hear the petition as a whole and direct the respondents (LML and Deepak Singhania) to file their replies to the petition.''
CLB has asked LML to file its reply by July 10. Piaggio, with 23.6 per cent stake in LML, had alleged that the Indian joint-venture partner which holds the management control was not giving the details of the shareholding pattern in LML.
In its petition Piaggio had also sought removal of Deepak Singhania as managing director of LML Ltd along with appointment of an independent chairman and administrator to look into the affairs of LML.
On the details of the shareholding pattern in LML,CLB said the company (LML) is bound to furnish details of the holding and if it fails to do so, CLB shall give appropriate directions.
Piaggio in its petition had also alleged that LML was not giving the books of accounts to it. CLB did not gave any direction to the company on this allegation as the details were yet to be placed before the board.
It said inspecting the accounts was the statutory right of a company director, but if the director by claiming the statutory right of inspection misuses the information against the interest of the company, the right of inspection could be rightly denied.
The two partners are already involved in a bitter legal battle after Singhanias took Piaggio to the court for acquiring the Italian company's 23.6 per cent stake in LML following the death of Giovanni Agnelli of Piaggio who owned this stake.
Singhanias had cited a clause in the joint-venture agreement based on which the Indian partners enjoyed the right to acquire Agnelli's stake in LML following hisdeath.
Later Piaggio moved to the International Chamber of Commerce (ICC), Singapore for arbitration as per the clause which was opposed by Singhanias.
They had pleaded in the court that the matter should not be reffered to ICC as Piaggio Vespa BV was not a party to signing the joint venture.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.