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    <title>1934 (3) TMI 26 - HIGH COURT OF CALCUTTA</title>
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    <description>Persons who had obtained decrees before a scheme of arrangement was proposed remained decree-holders, not depositors, and therefore had no obligation to be bound by a subsequent sanctioned scheme that sought to deem them creditors; the Privy Council authority cited was inapplicable where the decree predated the agreement. The Court may expunge or modify parts of a sanctioned scheme if sanction was given without full appreciation of material circumstances or was per incuriam, and accordingly the deeming words were expunged and the petitioners were not bound; costs awarded against the company.</description>
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    <pubDate>Mon, 05 Mar 1934 00:00:00 +0530</pubDate>
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      <title>1934 (3) TMI 26 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=96658</link>
      <description>Persons who had obtained decrees before a scheme of arrangement was proposed remained decree-holders, not depositors, and therefore had no obligation to be bound by a subsequent sanctioned scheme that sought to deem them creditors; the Privy Council authority cited was inapplicable where the decree predated the agreement. The Court may expunge or modify parts of a sanctioned scheme if sanction was given without full appreciation of material circumstances or was per incuriam, and accordingly the deeming words were expunged and the petitioners were not bound; costs awarded against the company.</description>
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      <pubDate>Mon, 05 Mar 1934 00:00:00 +0530</pubDate>
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