Whether both transferor company and transferee company should move High Court for direction where companies involved in amalgamation are incorporated in different States
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Identity of interests in amalgamation requires both transferor and transferee to obtain separate judicial directions when incorporated in different jurisdictions. Where an amalgamation creates an identity of interests between transferor and transferee, approval of shareholders of both companies is required and both companies should apply under the relevant statutory provisions; if companies are incorporated in different States, each should seek its respective High Court's directions under the Companies (Court) Rules, while if both are in the same State the petitioning company should make the other a party to the petition.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Identity of interests in amalgamation requires both transferor and transferee to obtain separate judicial directions when incorporated in different jurisdictions.
Where an amalgamation creates an identity of interests between transferor and transferee, approval of shareholders of both companies is required and both companies should apply under the relevant statutory provisions; if companies are incorporated in different States, each should seek its respective High Court's directions under the Companies (Court) Rules, while if both are in the same State the petitioning company should make the other a party to the petition.
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