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Kirloskar Companies Differ Sebi On Family Settlement Deed

Gear up to challenge the market regulator for asking disclosure deed

Kirloskar Companies Differ Sebi On Family Settlement Deed

Kirloskar Companies Differ Sebi On Family Settlement Deed
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3 Jan 2025 10:49 AM IST

New Delhi: Four Kirloskar companies said they are preparing to legally challenge a letter by markets regulator Sebi asking them to disclose the deed of family settlement that was signed by members of the Kirloskar family on September 11, 2009.

In separate regulatory filings, Kirloskar Ferrous Industries Ltd (KFIL), Kirloskar Industries Ltd (KIL), Kirloskar Pneumatic Company Ltd and Kirloskar Oil Engines Ltd maintained they are not bound by deed of family settlement (DFS) nor does it have any impact or create any restriction or liability on them. Sebi in a letter dated December 30, 2024, advised the companies to disclose the DFS, entered into amongst the members of the Kirloskar family in their personal capacity, under the Sebi listing obligations and disclosure requirements regulations, they said.

Kirloskar siblings, with Sanjay (Kirloskar Brothers Ltd Chairman and Managing Director) on one side and Atul and Rahul on the other, have been in a feud since 2016 over the DFS for the assets of the more than 130-year-old Kirloskar group. Rahul Kirloskar is the executive chairman of Kirloskar Pneumatic Co Ltd(KPCL) and Atul Kirloskar is the Executive Chairman of Kirloskar Oil Engines Ltd(KOEL).

The question of whether the DFS is binding on them, is pending before the civil court since 2018, the Kirloskar companies claimed adding “despite this Sebi has opined on matters that are sub-judice. Further, SEBI's decision not only contains factual inaccuracies but is in complete ignorance of...settled principles of contract law, corporate laws and company law”.

Further, the companies asserted that they maintained the stand that they are not bound by the DFS nor does the DFS have any impact on them separately or create any restriction or liability on them. Therefore, the companies said they are “not required to disclose the same” under the SEBI listing obligations and disclosure requirements regulations. Each company said they are “in the process of availing its legal remedies to challenge the said SEBI letter by filing appropriate legal proceedings”.

Kirloskar companies Sebi family settlement deed legal challenge disclosure regulatory filings dispute contract law company law SEBI letter legal remedies civil court family feud listing obligations disclosure requirements 
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