Functional comparability under TNMM: broadcasters excluded, software distributors included, and no separate interest on receivables after working capi...
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
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