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The High Court yesterday discharged an Interim Injunction obtained by NICIL (National Industrial and Commercial Investments Limited) against Guyana Stockfeeds Inc. That injunction was granted on April 6,Detroit Tigers Omar Infante Jersey, last.NICIL had moved to the Court,Bartolo Colon Jersey, ex-parte, through an affidavit sworn to by its Chairman Winston Brassington and had obtained an interim injunction preventing Guyana Stockfeeds Inc. (GSI) from paying a dividend previously approved at its Annual General Meeting for 2007,Arizona Diamondbacks Jorge De La Rosa Jersey, or any other dividend.The injunction had also prevented GSI from making further acquisitions and investments with its subsidiaries or other companies in which the majority shareholder and Chairman of GSI, Robert Badal, has a major interest.Guyana Stockfeeds yesterday also similarly moved to the Court ex-parte to discharge the injunctions against it on the basis that the affidavit sworn on behalf of NICIL had failed to disclose several material matters to the Court at the time NICIL had made its application.The affidavit sworn to by Guyana Stockfeeds stated that NICIL had misled the court on several issues, claiming that payment of the dividend approved by the 2007 meeting was imminent, when in fact it had already been paid.The company claimed that NICIL also misled the court by saying that related party transactions with another company in Trinidad were unclear and unexplained, and that Badal was stripping the company of its cash by these transactions, when the rationale for these transactions had been fully explained in the notes to the company’s audited accounts for the past two years which had been approved by the shareholders at annual meetings which NICIL knew of.It was also claimed that Badal had forced Guyana Stockfeeds to buy two companies in which he held the majority interest at disadvantageous prices,Trevor Plouffe Jersey, while in fact,Milwaukee Brewers Neftali Feliz Jersey, in one of them,Oakland Athletics Alejandro De Aza Jersey, the deal was a highly profitable one which had already repaid half its purchase price in two years (Popeye’s fast food franchise).“On the other, Badal had never owned the company whose assets had been purchased; in fact, it was NICIL which had arranged the sale of these assets to Guyana Stockfeeds several years previously.”The court was of the view that these were serious material non-disclosures,New York Yankees Austin Romine Jersey, and discharged the injunctions it had previously granted, upon Guyana Stockfeeds giving an undertaking not to make any bonus issues of shares pending the hearing and determination of an appeal relating to this issue or a further order of the court.Guyana Stockfeeds was represented by Mr. Robin M.S. Stoby,Jhoulys Chacin Jersey, S.C. and NICIL by Mr. Ashton Chase,Jon Niese Jersey, S.C. |
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