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    <title>2020 (5) TMI 32 - BOMBAY HIGH COURT</title>
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    <description>A shareholder put option deed and escrow arrangement were held to be enforceable despite objections on stamping, securities law, FEMA, and public policy. The stamping challenge failed because the document had been acted upon for years, admitted in arbitration, and could not be reopened at the enforcement stage. The SCRA challenge failed because the option was treated as a shareholder exit mechanism, not a prohibited speculative or derivative contract, and the statutory and regulatory history supported such arrangements. The FEMA objection failed because FEMA is regulatory in nature and any remittance compliance issue did not void the bargain. The foreign awards were therefore found not to offend Indian public policy and were enforced as decrees.</description>
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      <link>https://www.taxtmi.com/caselaws?id=394999</link>
      <description>A shareholder put option deed and escrow arrangement were held to be enforceable despite objections on stamping, securities law, FEMA, and public policy. The stamping challenge failed because the document had been acted upon for years, admitted in arbitration, and could not be reopened at the enforcement stage. The SCRA challenge failed because the option was treated as a shareholder exit mechanism, not a prohibited speculative or derivative contract, and the statutory and regulatory history supported such arrangements. The FEMA objection failed because FEMA is regulatory in nature and any remittance compliance issue did not void the bargain. The foreign awards were therefore found not to offend Indian public policy and were enforced as decrees.</description>
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