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    <title>2005 (10) TMI 288 - HIGH COURT OF BOMBAY</title>
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    <description>A buyback covenant in a share purchase agreement was treated as an agreement for future repurchase of shares, not a permissible spot delivery contract. The court applied the Securities Contracts (Regulation) Act, 1956 and held that only spot delivery contracts are permitted; the contingent form of the arrangement did not validate it. A prior Division Bench ruling under the Bombay Securities Contracts Control Act, 1925 was distinguished because its definition of ready delivery contract was materially different. The claim was also held unsuitable for a summary suit under Order 37 of the Code of Civil Procedure, and unconditional leave to defend was granted.</description>
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    <pubDate>Wed, 19 Oct 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=111725</link>
      <description>A buyback covenant in a share purchase agreement was treated as an agreement for future repurchase of shares, not a permissible spot delivery contract. The court applied the Securities Contracts (Regulation) Act, 1956 and held that only spot delivery contracts are permitted; the contingent form of the arrangement did not validate it. A prior Division Bench ruling under the Bombay Securities Contracts Control Act, 1925 was distinguished because its definition of ready delivery contract was materially different. The claim was also held unsuitable for a summary suit under Order 37 of the Code of Civil Procedure, and unconditional leave to defend was granted.</description>
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