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    <title>2002 (10) TMI 425 - HIGH COURT OF GUJARAT</title>
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    <description>Beneficial owners of Global Notes qualify as Noteholders even where the issuer need not know their individual identities or debt amounts. Marketable Notes fall within the Companies Act definition of debentures, read with the incorporated definition of securities covering rights or interests in securities. Noteholders entitled to principal and interest have pecuniary claims and are creditors, including as beneficiaries under the relevant trust arrangement. A contractual condition in the Notes cannot prevent creditors from pursuing winding-up relief on statutory grounds; the winding-up petitions were therefore maintainable. The Trustee was required to be joined to assist the company court.</description>
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    <pubDate>Thu, 17 Oct 2002 00:00:00 +0530</pubDate>
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      <title>2002 (10) TMI 425 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=106514</link>
      <description>Beneficial owners of Global Notes qualify as Noteholders even where the issuer need not know their individual identities or debt amounts. Marketable Notes fall within the Companies Act definition of debentures, read with the incorporated definition of securities covering rights or interests in securities. Noteholders entitled to principal and interest have pecuniary claims and are creditors, including as beneficiaries under the relevant trust arrangement. A contractual condition in the Notes cannot prevent creditors from pursuing winding-up relief on statutory grounds; the winding-up petitions were therefore maintainable. The Trustee was required to be joined to assist the company court.</description>
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      <pubDate>Thu, 17 Oct 2002 00:00:00 +0530</pubDate>
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