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Search Results for "Merger Scheme"

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High Court

Bombay High Court Allows Writ Petition in Stamp Duty Dispute on Amalgamation Scheme — Reduction of Share Capital Prior to Merger Must Be Considered for Valuation. Court holds that stamp duty under Article 25(da) of Maharashtra Stamp Act, 1958 is payable on the market value of shares as on appointed date, which includes the reduced share capital sanctioned by High Court.

25 Sep 2024

The petitioner, J. P. Morgan Securities India Pvt. Ltd., filed a writ petition challenging the rejection of its appeal under Section 53(1A) of the Mah...

High Court

Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Quashes Pre-deposit Order in Customs Dispute. Merger of Sick Company with Petitioner Under SICA Extinguishes Pre-deposit Liability, and Revenue Authorities Are Bound by the BIFR Scheme.

7 Jan 2026

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a writ of mandamus directing respondents 1 to 3 (Director G...

High Court

Bombay High Court Delivers Oral Judgment on Sanction of Scheme of Arrangement Amid BIFR Pendency. Maintainability Under Sections 391 and 394 of Companies Act, 1956 Against Overriding Effect of Sick Industrial Companies (Special Provisions) Act, 1985 Considered.

8 Nov 2006

The petitioner, Ashok Organics Industries Ltd., incorporated in 1973, filed a petition under Sections 391 and 394 of the Companies Act, 1956, seeking ...

High Court

Bombay High Court Quashes Regional Director's Rejection of Amalgamation Scheme Under Section 233 Companies Act — Regional Director Lacks Power to Reject, Must File Application Before NCLT if Scheme Not in Public Interest. The court held that the Regional Director's order rejecting the scheme on grounds of insolvency was without jurisdiction as the proper remedy under Section 233(5) is to approach the NCLT.

1 Aug 2024

The petitioners, five companies with common directors and shareholders, sought to amalgamate petitioner nos. 2 to 5 (wholly-owned subsidiaries) with p...

Supreme Court

Supreme Court Allows DDA Appeal in Lease Transfer Case — Demerger of Public Limited Company Attracts 50% Unearned Increase. Transfer of leasehold plot by original lessee to another public limited company pursuant to a scheme of arrangement and demerger under the Companies Act, 1956, constitutes a transfer under Clause 6(a) of the Lease Deed, making the lessee liable to pay 50% unearned increase.

24 Apr 2019

The Supreme Court allowed the appeal filed by the Delhi Development Authority (DDA) against the judgment of the Delhi High Court, which had quashed th...

High Court

Bombay High Court Hears Appeals Against Admission of Winding Up Petition in Shareholder Deadlock Case. The core issue concerns whether a petitioner who is not the registered shareholder can maintain a winding up petition after the registered shareholder merged into it.

20 Feb 2006

The dispute concerned the winding up of Capital Controls India Private Limited, a joint venture between Chloro Controls (India) Private Limited and Se...

High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

High Court

Bombay High Court Upholds Petitioner Company in Reduction of Share Capital Case Under Sections 100-104 of Companies Act, 1956. Court-Ordered Valuation Found Plausible; Minority Objectors Failed to Prove Unfairness.

9 May 2014

Cadbury India Limited filed a petition under Sections 100 to 104 of the Companies Act, 1956, seeking sanction of a special resolution for reduction of...

High Court

Bombay High Court Quashes Executive Fiat in Municipal Council Merger Case — Unilateral Government Order Without Hearing Affected Councils Violates Principles of Natural Justice. The Court held that the power to merge municipal councils under Section 7 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 cannot be exercised without affording a reasonable opportunity of hearing to the affected municipal councils.

9 Aug 2010

The judgment concerns two writ petitions filed by Gopal Asaram Sharma and others challenging an executive fiat issued by the Deputy Secretary, Urban D...

High Court

High Court of Bombay Grants Direction Dispensing with Section 101(2) Procedure in Reduction of Share Capital – Interpretation of 'Any Other Case' under Section 101(2) and Discretion of Court. The court held that where reduction does not involve diminution of liability in respect of unpaid share capital or payment to shareholders, Section 101(2) does not automatically apply, and the court has discretion to dispense with creditor objection procedure under Section 101(3) in special circumstances.

10 Feb 2005

The applicant, Rallis India Limited, a public limited company, had merged four loss-making subsidiaries, resulting in an accumulated debit balance of ...

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