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    <title>2004 (5) TMI 319 - HIGH COURT OF DELHI</title>
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    <description>Recall of a sanctioned scheme of arrangement requires clear proof of fraud or material suppression, and inherent powers to set aside approval are exercised sparingly. Pending shareholder disputes do not, by themselves, require disclosure of every disagreement where the affected parties were aware of the litigation and participated in the meetings. On the facts noted, no misleading non-disclosure was established, and the allegation of fraud failed. The claimed breach of interim injunctions also was not made out because the relevant share transfer had occurred before the operative injunction dates or when the orders were not in force. The application for recall of the sanction was dismissed as misconceived and without merit.</description>
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    <pubDate>Fri, 07 May 2004 00:00:00 +0530</pubDate>
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      <title>2004 (5) TMI 319 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=109261</link>
      <description>Recall of a sanctioned scheme of arrangement requires clear proof of fraud or material suppression, and inherent powers to set aside approval are exercised sparingly. Pending shareholder disputes do not, by themselves, require disclosure of every disagreement where the affected parties were aware of the litigation and participated in the meetings. On the facts noted, no misleading non-disclosure was established, and the allegation of fraud failed. The claimed breach of interim injunctions also was not made out because the relevant share transfer had occurred before the operative injunction dates or when the orders were not in force. The application for recall of the sanction was dismissed as misconceived and without merit.</description>
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      <pubDate>Fri, 07 May 2004 00:00:00 +0530</pubDate>
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