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IN RE SABA ENTERPRISES, INC.

Bankruptcy No. 05-B-60144 (AJG). Adversary No. 09-1001.

421 B.R. 626 (2009)

In re SABA ENTERPRISES, INC., Debtor. John S. Pereira, as Chapter 7 Trustee of Saba Enterprises, Inc., Trustee, v. Grecogas Limited, Greka Energy International BV, Rincon Island Limited Partnership, Greka Oil & Gas, Inc., Greka Investments, Inc. f/k/a Greka, CA, Inc., Santa Maria Refining Company, Greka Integrated, Inc., Grewal Investments,: Inc., Grewal (Royalty) LLC, Alexi Holdings Limited, Alexi Realty, Inc., All Round Management Limited, and Randeep S. Grewal, Defendants.

United States Bankruptcy Court, S.D. New York.

September 18, 2009.

Attorney(s) appearing for the Case

Jones & Schwartz, P.C., Jeffrey H. Schwartz, of Counsel, Carle Place, NY, for Trustee.

Ballard Spahr Andrews & Ingersoll, LLP, Carl A. Eklund, of Counsel, Denver, CO, for Defendants Greka Oil & Gas, Inc., Greka Integrated, Inc., Greka Investments, Inc. f/k/a Greka, CA, Inc., Rincon Island Limited Partnership, Santa Maria Refining Company, and Alexi Realty, Inc.

Stevens & Lee, P.C., Alec P. Ostrow, Constantine D. Pourakis, of Counsel, New York, NY, for Defendants Greka China Limited f/k/a Grecogas Limited and Greka Energy (International) B.V.

Weil, Gotshal & Manges LLP, Brian S. Rosen, Diane Harvey, of Counsel, New York, NY, for Defendants Randeep S. Grewal, Grewal (Royalty) LLC, Alexi Holdings Limited, All Round Management Limited, and Grewal Investments, Inc.

OPINION CONCERNING DEFENDANTS' MOTIONS TO DISMISS COMPLAINT

FACTS

ARTHUR J. GONZALEZ, Bankruptcy Judge.

Saba Enterprises, Inc. (the "Debtor") was a holding company that owned a number of direct and indirect subsidiaries engaged in business in the oil and gas industry both domestically and abroad. On November 30, 2005, the Debtor filed a voluntary petition (the "Petition") under Chapter 7 of the Bankruptcy Code (the "Code"). The case before the...

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