Business Standard

Tatas ask Siva group to pay up ~7 bn

- DEV CHATTERJEE

Tata Sons has made a claim of ~6.99 billion, with interest and costs, against C Sivasankar­an and his company Siva Industries and Holdings in a detailed statement of claim on April 16, say sources.

A Supreme Court (SC) order in January allowed the Tatas’ petition and appointed former SC judge S N Variava the sole arbitrator on the dispute.

The Chennai-based Sivasankar­an group, facing a Central Bureau of India (CBI) investigat­ion for allegedly defaulting on a ~7-billion bank loan, also owes around ~10 billion, including costs and interest, to two Tata Group companies.

The Siva group defaulted on its payment to Tata Sons in 2016 for its share in acquisitio­n of a stake from Japanese telecom major NTT Docomo in Tata Teleservic­es (TTSL).

This led to Tata Sons paying the money to Docomo from its own pocket and then making a claim against the Siva group. This amount was later written off by Tata Sons as the Siva group did not honour its commitment.

In September 2016, Tata Sons began legal action against Sivasankar­an to recover the amounts due, to which the latter replied alleging oppression and mismanagem­ent.

In June 15, 2017, Tata Sons sent an arbitratio­n notice to Sivasankar­an, who didn’t nominate an arbitrator as required under the agreement.

Consequent­ly, on July 31, 2017 Tata Sons filed a petition in the SC for constituti­on of an arbitral tribunal, which Siva contested.

After the SC appointed Justice Variava, as the sole arbitrator in January this year.

The first preliminar­y meeting was held on March 21, when the schedule for further proceeding­s was fixed, and

Tata Sons filed its detailed statement of claim on April 16 for ~6.99 billion, with interest and costs. The arbitratio­n is likely to conclude in the next 12 months, said sources.

In a separate proceeding, sources said Tat a Capital Financial Services also initiated legal action to recover an outstandin­gclaim of ~3.34 billion from Si va Industries and C Sivasankar­an. This claim too relates to a 2012 loan of ~2 billion to Siva Industries, secured against equity shares of TTSL held by Siva Industries. Siva Industries defaulted on this loan and finally a settlement followed into in June 2014, under which the pledged shares were acquired by Tata Capital, with a put option to sell those shares back to Si va Industries after three years at a pre-agreed price.

Sources said while Si va sank ar an had personally guaranteed obligation­s of Siva Industries, the latter defaulted on its obligation inMay 2017, when the put option became due. In June 2017, Tata Capital invoked Sivasankar­an’s guarantee but he too failed to honour his commitment. Followingp­re-arbitratio­n attempt store solve the dispute in accordance with the dispute resolution clause of the agreement, Tata Capital invoked arbitratio­n and sent out an arbitratio­n notice to both Siva Industries and Si va sank ar an in October 2017. However, Siva failed to nominate an arbitrator as required and Tata Capital petitioned the SC for constituti­ng the tribunal in November 2017. Sources said the arbitratio­n proceeding­s in this matter will commence soon.

Tata Sons and the C Sivasakara­n group did not reply to e-mails seeking comment. Sivasankar­an is currently not in India. At present, Sivasankar­an is also undergoing investigat­ion for default on loans from IDBI Bank. In October 2010, the bank had sanctioned ~3.2 billion in loans to WinWinD Oy. The firm later applied for bankruptcy in Finland, due to which the loan was declared a nonperform­ing asset. Despite the default, IDBI Bank in 2014 sanctioned another loan of ~5.23 billion to Axcel Sunshine. Allegedly, the loans were used to repay loans of Win Wind Oy in violation of the Reserve Bank of India norms. For the loans from IDBI Bank, the Siva group had used the shares of Tata Teleservic­es as collateral.

The business dealings between Sivasankar­an, a friend of group patriarch Ratan Tata, and the Tata group dates back to 2006, when the Siva group invested ~8.84 billion in TTSL equity via a preferenti­al allotment of shares.

 ??  ?? The C Sivasankar­an group, facing a CBI investigat­ion for defaulting on a ~7-bn bank loan, also owes ~10 bn, including costs and interest, to two Tata firms
The C Sivasankar­an group, facing a CBI investigat­ion for defaulting on a ~7-bn bank loan, also owes ~10 bn, including costs and interest, to two Tata firms

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