Yes Bank AGM decisions will be subject to court directions

Bombay high court refuses to grant interim relief to widow of founder-promoter

Pranati Mehra | June 7, 2013


Yes Bank`s Rana Kapoor
Yes Bank`s Rana Kapoor

The Bombay high court on Friday declined to grant ad interim relief to Madhu Kapur, widow of Yes Bank founder-promoter Ashok Kapur, on a suit claiming to protect her rights in Yes Bank. She had moved the court ahead of the June 8 annual general meeting (AGM) of the bank which will take up appointment of directors.

Read previous story: Yes Bank's Rana Kapoor caught in family feud

Justice AR Joshi, sitting as vacation judge, however, ordered that the appointments of the directors, if any, will be subject to further directions of the regular bench of the high court which will hear the plaint next week. The high court is on vacation till June 10.

Madhu Kapur, who along with her children owns a 12 percent equity stake in the bank, has alleged that three directors were being sought to be appointed on the board of the bank by the group led by Rana Kapoor, chief operating officer and managing director of the bank (and her sister's husband) without consulting the Ashok Kapur group.

The two brothers-in-law were original promoters of the bank. Ashok Kapur was killed in the terror attack on Nariman Point's Trident Hotel on November 26, 2008.

The election/appointment of the directors is part of the special business of the AGM of the bank scheduled for Saturday.

Justice Joshi recorded the arguments of Madhu Kapur as well Yes Bank Ltd, which is a defendant along with Rana Kapoor. While the plaintiffs argued that that they were not aware of the nominations by Rana Kapoor until they received notice of the meeting on May 15, the defendants argued that the three names of directors now under contention were known to the plaintiffs from September-October 2012 when the stock exchanges were notified of their appointments as additional directors.

Meanwhile, a Yes Bank spokesperson told Governance Now that it was unfair for the plaintiffs to say that the bank had been obliterating the name and legacy of Ashok Kapur. He quoted from the latest annual report of the bank where a background note said that Yes Bank Ltd is a private sector bank promoted by the late Ashok Kapur and Rana Kapoor. 

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