Tom Hals

WILMINGTON DE. (Reuters) – A Delaware judge should direct Elon Musk (NASDAQ) Inc to repay $9.4billion for the benefits he received in pushing Tesla to buy an ailing company in solar power in 2016. According to Tesla investors who filed a late Friday court filing,

Investors suggested that a simple and practical way to reverse the gains Musk received in the SolarCity deal worth $2.6 billion would be for Musk to pay back the Tesla shares he was granted for his share of the roof-solar company.

Musk was awarded 2.4 million Tesla shares. These shares have increased to 12,000,000 shares through stock splits, and currently amount to about $9.4billion. Investors said Musk could repay the stock’s value to the company as he is one of the richest men in the world.

Tesla stock rose 2.5% to $792.76 per Share in Monday’s early trading.

Union pension funds and asset managers brought the lawsuit. In their post-trial brief, they claim that Musk didn’t withdraw from deal negotiations and that he never revealed SolarCity was almost out of money.

Musk stated in his post-trial brief that SolarCity is the culmination of a decade long plan to build a vertically integrated company providing clean energy services. It offers roof-top solar power and Tesla’s vehicle battery storage.

He stated that the transaction was fair and approved by 85 percent of Tesla shareholders.

These briefs are the result of a trial that lasted two weeks in Wilmington, Delaware.

Joseph Slights, the judge, still must answer one key question which could decide the outcome: whether Musk is a controlling shareholder even though he owns a small stake in Tesla.

Slights scheduled January post-trial arguments and it is likely that a decision will be made months later.