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(ii) a company with any of its directors, or any
person entrusted with the management of the funds
of the company;
(iii) directors of companies referred to in sub-clause
(i) of clause (2) and their associates;
(iv)mutual fund with sponsor or trustee or asset
management company;
(v) foreign institutional investors with sub-
Civil Appeal No. 8249 of 2013 & Anr. Page 31 of 85
Further, Regulation 2(e)(2) also enumerates
various persons who could act in concert and they,
inter alia, include a company, its holding company,
a subsidiary, directors, mutual fund with sponsor or
trustee, foreign institutional investors, merchant
bankers, so on and so forth. In this context, if we
look at the new SAST Regulations, 2011, we note
that Regulation 3(3) specifically provides that
acquisition of shares by any person within the
meaning of sub-regulations 3(1) and 3(2) would be
attracting the obligation to make an open offer for
acquiring shares of the target company irrespective
of its aggregate shareholding with persons acting in
concert if the shareholding of such individual person
exceeds the threshold limit prescribed by regulation