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PNB Housing Finance moves SAT against SEBI directive on Carlyle deal June 24 2021PNB housing Finance

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PNB Housing Finance moves SAT against SEBI directive on Carlyle deal

PNB Housing Finance has filed an appeal with the Securities Appellate Tribunal (SAT), challenging SEBI's valuation instructions for the former's Rs 4,000 crore deal with a consortium led by private equity firm Carlyle. Former HDFC Bank MD and CEO Aditya Puri, as well as private equity firms General Atlantic and Ares SSG, are part of the consortium.

PNB Housing Finance made the notification in a stock exchange filing. The public sector lender was planning to challenge SEBI's directives to the Securities Appellate Tribunal (SAT).

The market regulator temporarily halted the deal in a letter delivered to the public sector lender last week, claiming that the notification for an EGM (Extraordinary General Meeting) set for June 22 did not comply with the firm's articles of association (AOA). The lender was ordered by SEBI to undertake the valuation based on the firm's articles of association.

The notice for the Extraordinary General Meeting issued on May 31 is "ultra-vires of the Articles of Association and shall not be acted upon until the company undertakes the valuation of shares as prescribed under 19(2) of the AOA, for the purpose of preferential allotment, from an independent registered valuer as per the provisions of applicable laws," according to the market regulator. The Company's Board will examine the report when deciding on the preferential issue of shares and warrants."

The high-profile deal has been dogged with controversy.  Sebi is looking into the deal after a proxy advisory firm, SES (Stakeholders Empowerment Services), founded by former Sebi ED JN Gupta, raised concerns about valuations and minority shareholder interests in the planned investment by the US private equity firm.

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