| Justice J K Biswas, while allowing Herbertsons to file the affidavit, made the company a party in the suit filed by Shaw Wallace & Company (SWC). |
| Herbertsons, in its plea to be added as a party to the proceedings, claimed, "it was the absolute holder of the entire issued shareholding of and in BDA as BDA became and still is a 100 percent subsidiary of Herbertsons". |
| It stated in the petition that "since February 1994 it has infused substantial funds into BDA towards working capital and other requirement aggregating Rs 20 crore". |
| Both SWC and Kishore Chhabria opposed the petition of the Mallya company to be added as a party to the suit. |
| Anoop Kumar Chattopaddya, manager (legal) of SWC, affirmed an affidavit stating "the entire controlling interest of BDA is subject matter of the case. As such any plea of any other party could not be taken into account in adjudicating the issue." |
| His affidavit also disputed the claim of Herbertsons regarding infusing funds into BDA. |
| Herbertsons, in its petition, alleged that Kishore Chhabria with the help of SWC had sought to defeat the lawful rights of Herbertsons in BDA. |
| Chhabria in his affidavit disputed the allegation and said Herbertsons had no rights in respect of management and control of BDA. |
| In the petition, Herbertsons said in 1992, SWC initiated the suit against Kishore Chhabria challenging his position in BDA. The dispute between SWC and Kishore Chhabria was now close to a settlement. Meanwhile, SWC promoter Manu R Chhabria passed away. |
| Herbertsons, apprehended that acting in concert, SWC and Kishore Chhabria would transfer the entire shareholding of BDA ignoring the rights of Herbertsons, which was absolute, the petition added. The court fixed the case for final hearing in the middle of March 2004. |
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