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Reliance opts out of Super Bazar race
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March 15, 2007 17:20 IST
Mukesh Ambani-led Reliance Industries on Thursday opted out of the race to revive the capital's defunct shopping cooperative Super Bazar, citing the government's reluctance in giving it full management control.

Senior counsel Soli Sorabjee, appearing for Reliance, submitted before the Supreme Court that the company has decided to withdraw its takeover bid as the government had refused to amend the Multi-State Cooperative Societies Act, 2002 to enable it gain overall management control.

A Bench headed by Justice B P Singh also accepted Reliance's plea to withdraw Rs 5 crore (Rs 50 million) earnest money deposited with the official liquidator, appointed by the court to look into the affairs of Super Bazar.

Reliance had evinced interest in reviving Super Bazar and had put in the highest bid of Rs 288 crore (Rs 2.88 billion). However, the bid was opposed by Indian Potash Ltd, which in a joint bid with the Indian Labour Cooperative Society, had offered to match the offer.

The government had invited bids in May 2006 after the Supreme Court asked the Centre to examine ways to revive the cooperative super market.

The bench also asked the counsels appearing for the government, IPL and ILCS to consult Registrar of Cooperative Societies on the issue and submit a report in a week indicating steps to be taken to work out the modalities of the revival scheme.

It also directed the IPL-ILCS combine to deposit the money in the court for employees' liabilities so as to secure them. The matter will come up for further hearing on March 21.

While pointing out to legal hurdles faced by them in their takeover bid, senior counsels Ranjit Kumar and Anoop Chaudhari told the court that the IPL-ILCS combine was willing to invest the money if the government permitted it to do so.

Besides, they said that there was no need to amend the Act and revival was possible within the existing legal framework.

Accepting the argument of IPL-ILCS, Additional Solicitor-General Amarender Saran said that the Centre was in favour of reviving the cooperative and it can be done without amending the Act.

However, it further said that another cooperative National Consumer Cooperative Federation was also willing to bid for Super Bazar.

The Centre in its affidavit submitted that the suggested amendment of the Act for "Super Bazar alone may not be justified and might create an unhealthy precedent that may be taken recourse to by any defunct and mismanaged Multi-State Cooperative Society. Therefore, government of India is not inclined to consider amendments in the Act."

Earlier, IPL-ILCS combine had said the Rs 288 crore bid submitted by Reliance did not meet technical parameters as its bid was not in conformity with tender documents and also violated Section 33 and Section 67 of the Act.

As per Section 33, no individual or a company can hold more than one-fifth of the cooperative's total equity, it had said, adding RIL's bid cannot exceed Rs 10 crore (Rs 100 million) as Super Bazar's increased authorised share capital is Rs 50 crore (Rs 500 million).

Super Bazar Karamchari Dalit Sangh president Jagdish Choudhary said Reliance's pull out would pave the way for the takeover of the cooperative by IPL-ILCS combine.

The employee union had challenged the government's June 2002 decision to wind up the cooperative, saying the evaluation committee constituted by the court was allegedly in favour of RIL's bid on account of its financial capacity and development plan for reviving the cooperative.

The union said that the committee has been swayed merely by the financial strength and has overlooked the Reliance bid that suffers from basic infirmities.

Reliance, which has entered the organised retail business through Reliance Retail, had proposed to invest Rs 60 crore (Rs 600 million) in the share capital of Super Bazar, with another Rs 85 crore (Rs 850 million) for working capital.

It had also offered to spend Rs 143 crore (Rs 1.43 billion) to revamp the chain and expand to retailing pharmaceuticals, fruit and vegetables, online shopping and institutional sales.

Super Bazar had around 40,000 shareholders and 156 branches in and around Delhi at the time of closure. The government has 73 per cent holding in Super Bazar.
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