Even as its battle with Mallya for control over Herbertsons is headed for a climactic annual general meeting (AGM) scheduled for December 30, the Chhabria group has also told Sebi chairman DR Mehta that Mallya and his associates expect Sebi to "further" assist him in his efforts to retain control over Herbertsons during the forthcoming AGM by issuing a show cause notice to MD Chhabria, Kishore Chhabria's uncle, or to investment companies controlled by him.

In a letter addressed to Mehta, MD Chhabria, who controls investment companies through which the Chhabrias acquired a 46 per cent stake in Herbertsons, has provided a detailed version of how he feels Sebi has been partial to Mallya in its role in the long drawn-out dispute.

Chhabria has pointed out that private andconfidential investigation reports of Sebi have been annexed to Herbertsons' documents submitted before the Company Law Board (CLB) in two ongoing cases with the Chhabria-controlled investment companies. In both cases, the document has been titled as "Factual Report of status of Holding/Acquisition of Various Groups/Entities in Herbertsons Limited", says the letter.

"It is impossible to understand as to how an unsigned and unauthenticated document has been described by Herbertsons in the affidavit as an investigation report specially since the heading of the document describes itself as a `Factual report of status of holding/acquisition of various groups/entities in Herbertsons Ltd.'"

The letter points out that to initiate any investigation as per Chapter Five of the Takeover Code (under which the shares acquisition by Chhabria have been contested), Sebi has to issue a notice informing of such investigation. "In the absence of any notice from Sebi, I have been legally advised that there can be no ongoinginvestigation by Sebi in relation to these transaction," says the letter.

Chhabria has requested that Sebi confirm if this is a bonafide Sebi document, "and if yes, whether it is an investigation report as alleged". In an aggressive tone, Chhabria says in the letter, "I will also appreciate if you will also inform the date of the report, who prepared it and under what circumstance was it prepared, and will let me have the details, documents and information relied upon to prepare the report, since the report though termed a factual report not only contains factual inaccuracies, but has also proceeded on various untenable assumptions."

However, points out Chhabria, since the document has been filed with the Company Law Board under a duly sworn affidavit subject to Sebi's confirmation, "one can only assume that it must be an internal document of Sebi, which could only have been obtained by or for Vijay Mallya from Sebi clandestinely, specially since Sebi, despite our various requests, has never given anydocuments, letters, opinion, report to us or our lawyers."

"I am sure you will agree that it is extremely unfair for such alleged internal documents of Sebi to be available with Herbertsons Ltd," says the letter. Chhabria also refers to the fact that along with the affidavit, Herbertsons has also filed copies of certain correspondences between Sebi and Lazard Credit Capital Ltd, MD Chhabria's merchant banker.

In another major accusation, Chhabria refers to "the startling similarity between the factual report and the various affidavits and letters filed by Mallya and Herbertsons before both Sebi and the CLB". He also says that having gone through the factual report, he finds the contents regarding the transactions through which he controls 47.48 per cent shares in Herbertsons, and "find the same to be far from true and full of baseless surmises and conjectures".