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    <title>2013 (10) TMI 1594 - BOMBAY HIGH COURT</title>
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    <description>A scheme of arrangement sanctioned under Sections 391 and 394 of the Companies Act, 1956 was not liable to be interfered with merely because a claimant asserted creditor status and did not receive individual notice. The Company Court&#039;s role is supervisory, limited to statutory compliance, requisite majority approval, disclosure of material facts, and consistency with law and public policy; it does not review commercial wisdom. As the appellant&#039;s claim was disputed and pending in arbitration, and was secured by a bank guarantee, absence of individual notice did not invalidate sanction. The fraud and non-disclosure challenge also failed because no affidavit with particulars was filed, so no factual basis existed to refuse sanction.</description>
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    <pubDate>Tue, 15 Oct 2013 00:00:00 +0530</pubDate>
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      <title>2013 (10) TMI 1594 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=459629</link>
      <description>A scheme of arrangement sanctioned under Sections 391 and 394 of the Companies Act, 1956 was not liable to be interfered with merely because a claimant asserted creditor status and did not receive individual notice. The Company Court&#039;s role is supervisory, limited to statutory compliance, requisite majority approval, disclosure of material facts, and consistency with law and public policy; it does not review commercial wisdom. As the appellant&#039;s claim was disputed and pending in arbitration, and was secured by a bank guarantee, absence of individual notice did not invalidate sanction. The fraud and non-disclosure challenge also failed because no affidavit with particulars was filed, so no factual basis existed to refuse sanction.</description>
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      <pubDate>Tue, 15 Oct 2013 00:00:00 +0530</pubDate>
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