First-motion scrutiny of a listed-company amalgamation scheme is...

First-motion scrutiny of a listed-company amalgamation scheme is generally confined to legality and public interest, leaving shareholders and creditors to assess the commercial proposal. An ante-dated appointed date requires justification, but its assessment must account for the regulatory and stock-exchange approval process applicable to listed entities. Delay in filing cannot be attributed to the company unless exclusively caused by its failure or default; valuation effects and delay may be examined at the second stage with regulatory and tax-authority input. The first-motion dismissal was set aside, and meetings were directed to be convened through appointment of a chairman and scrutinizers.