A court date has been set for later this month to hear an argument concerning troubled Tess Ltd. which is under the gun from disgruntled shareholders who are seeking to remove the management of the company or have the company wound up.

Tess Ltd. owns and runs more than a dozen retail stores including the English Sports Shop, Aston & Gunn and Marks & Spencer.

The dispute has been ongoing since January when a writ was filed in the Supreme Court followed by a legal notice in The Royal Gazette that sought an alternative remedy to winding up the company or to get the company wound up.

A further writ was filed on Tuesday naming Tess Ltd. and in the matter of the Companies Act 1981.

Speaking from a very busy English Sports Shop on Front Street yesterday Manager of Tess Ltd. David Hamshere said he had no knowledge of the writ filed on Tuesday and advised contacting the company's lawyers at Appleby Spurling and Kempe.

However, after inquiries at Appleby Spurling and Kempe, The Royal Gazette was told: "We are definitely not dealing with it."

Mr. Hamshere did say a court date had been set for July 22 to hear the matter and that Tess Ltd. had a defence against the claims of the disgruntled shareholders.

He also said that the store was still open and employees were still working.

Lawyers for the disgruntled shareholders, Cox Hallet and Wilkinson, did not return calls made by The Royal Gazette yesterday.

It is understood that the renegade group of shareholders is said to be upset at the way the Tess group is being run and want to change the management or get the company closed according to a source close to the dispute who spoke with The Royal Gazette in January.

The petition by the minority shareholders published in January essentially complains that the company has been run badly and asks the Supreme Court to seek an alternative remedy to winding up the company or to get the company wound up.

The group of shareholders seeking the action were listed as Erling Ltd., Kenneth Harold Finsness, Russell Finsness, Wilson & Co., Nicholas Hoskins and Dennis W. Dwyer. None of those listed could be contacted yesterday.

The shareholder's petition was for orders under section 111 of the Companies Act, which offers an "alternative remedy to winding up in cases of oppressive or prejudicial conduct" or as an alternative, that Tess Ltd. be wound up.

The group operated at one point 17 stores in Bermuda - six English Sports Shops (hence TESS), Taylor's in St. George's, Scottish Wool Shop, the Outlet, Aston & Gunn, two Crown Colony stores and bought up Archie Brown and Cecile's.

Since then the Scottish Wool Shop has closed and Aston & Gunn has revamped its store and closed its women's section.

The Tess Group bought Archie Brown after the company went into receivership in 1996 and revamped the space and re-opened the Levi's store, Marks and Spencer, Nautica and Pringles of Scotland.