New Delhi, Sept 6: LML Ltd has dragged Piaggio & CSpA to the Paris-based International Chamber of Commerce (ICC) seeking damages over Rs 300 crore ($71 million) on account of default of the licence, engineering and equipment supply agreements.LML has accused Piaggio of defaults in supply of technology and equipment since 1995. These agreements were effective after LML signed the joint- venture pact with Piaggio in 1995. The company has claimed that Piaggio resorted to "arm-twisting" by saying that it would not subscribe to the preferential issue unless its liability on account of these defaults was waived. LML has plans to use this as a plank to fight its case in the chamber. The Rs 37-crore preferential issue, planned to part-finance the approved business plan under the joint-venture agreement, was put off owing to Piaggio's insistence for a waiver from LML in December 1997 as a pre-condition to its subscribing to the issue.It is understood that the company's business plan went awry several times as thelaunch of various products like scooterettes and scooters got delayed substantially. In other instances, the equipment supplied was faulty. Since the technology was not supplied on time, "a lot of opportunities for the company were lost". According to the company, Piaggio has, in the past, admitted to delays, defaults and non-performance on the licence and engineering agreements, and sought a waiver from LML on more than one occasion. In the ICC case filed by Piaggio in Singapore last month, the company has charged LML with breach of various agreements, though no details of these have been given. In the chamber, LML has also sought details of these breaches.
According to the company, these allegations are baseless and made only with an object to provide an excuse and a cover-up for Piaggio's defaults. LML's domestic promoters had filed a case against Piaggio in Kanpur in July seeking the 23.6 per cent shares of the Italian company after the death of its owner Giovanni Agnelli in December last year.
Boththe Singhanias and Piaggio hold 23.6 per cent stake in LML. The Singhanias' stake is held through their holding companies - Suryodaya Investment Trading Company and Goldrock Ltd. While 9 per cent is with financial institutions, 7 per cent is with foreign institutional investors. The balance is held by the public.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.