http://www.themalaysianinsider.com/busines...inority-shares/
Carrefour Malaysia wins appeal to get back minority shares
February 08, 2011
KUALA LUMPUR, Feb 8 — French retailer Carrefour Malaysia appears to have regained full control of its business yesterday after the Court of Appeal overturned an injunction to transfer shares from Bumiputera shareholder Hartajaya Harmoni Sdn Bhd.
The injunction filed last November was cited as a reason behind Carrefour’s failure to sell its Malaysian business.
Hartajaya is majority-owned by former rural and regional development minister Tan Sri Aziz Shamsuddin.
The Bumiputera company owns 30 per cent of Magnificient Diagraph Sdn Bhd, which runs Carrefour Malaysia hypermarket chain.
Hartajaya had previously requested the High Court to grant an injunction on the transfer of shares, pending the decision of an oppression suit filed by it on November 10 last year.
It had sued Carrefour for exercising its call option at a prescribed fee of RM23 million, which is the initial investment sum for Hartajaya’s 115.71 million shares. This would give it no return on its investment.
Hartajaya is arguing that it should be paid higher, considering the bids that Carrefour had received when it announced the sale of its stores here.
Hartajaya’s counsel Gideon Tan of Gideon Tan Razali Zaini said it plans to appeal the decision of the Court of Appeal, according to the Business Times Tuesday edition.
“Hartajaya will proceed to seek leave for appeal to the Federal Court within the next two days, and apply for an injunction to prevent the transfer of shares,” Tan had told the business newspaper.
Carrefour’s counsel, Chew Kherk Ying of Wong & Partners, said it plans to file an application in the High Court to assess damages for losses as a result of the injunction imposed by the Bumiputera shareholder.
Arief Emran Arifin, co-counsel for Carrefour, said the injunction was part of the reason rendering it unable to proceed with the sale of its Malaysian business.
The French retailer had cancelled initial plans to sell its Malaysian business citing low bids and promised to invest and expand instead.
“In the meantime, we have actually filed a stay of the (oppression suit) case pending arbitration. We want it to be arbitrated instead of having to go before the courts,” Emran said.
The remaining shareholders of Magnificient Diagraph are Carrefour Netherland BV (CNBV) (26.06 per cent), Carrefour Malaysia Sdn Bhd (9.33 per cent), and Mildew BV (34.61 per cent).
Carrefour Malaysia wins appeal to get back, minority shares News
Feb 8 2011, 11:38 AM, updated 15y ago
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