Mr Neeraj Singal-led Bhushan Group has moved the Supreme Court challenging a Orissa High Court order disallowing the company to convert its 35 lakh warrants issued by Orissa Sponge Iron & Steel Ltd into equity shares.

A three-judge bench headed by Mr Chief Justice S H Kapadia directed Bhushan Energy (BEL) and BNS Steel Trading, and Orissa Sponge Iron & Steel to file their submissions and posted the matter to Monday for next hearing.

In February this year, the Orissa High Court had stayed the process of conversion of 35 lakh warrants of Bhushan group into equity shares.

Bhushan group had acquired 35 lakh warrants from Chandra family of Unitech promoters in its bid to acquire Orissa Sponge.

Monnet Group has also set its eyes on Orissa Sponge and is understood to have the support of PK Mohanty-led TRFI Investment, which holds 50 per cent stake in the sick company.

Orissa Sponge had moved High Court after the Company Law Board in 2009 directed it to allow conversion of 35 lakh share warrants held by Bhushan Group into equity shares.

Orissa Sponge is of the view that if Bhushan Group is allowed to converts its 35 lakh warrants into shares, its holding in it will go up from existing 15 per cent to around 25 per cent, which would amount to an indirect takeover of the company. If its holding exceeds 15 per cent, it would trigger an open offer.

The Supreme Court bench asked Orissa Sponge Iron & Steel to clarify if the conversion of 35 lakh warrants of Bhushan group into shares would amount to an indirect takeover or not.

The bench also wanted to know from Orissa Sponge Iron & Steel that if there was a threat of the company being taken over by the Bhushan group, why did it not approach the market regulator SEBI, which can invoke SEBI (Substantial Acquisition of Shares and Takeover) Regulations, 1997.

comment COMMENT NOW