Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Scheme of Arrangement approval upheld after creditor majorities; dissenting minority lacked voting threshold so appeal dismissed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Approval of a scheme of arrangement was sustained where creditor majorities in value and number approved the compromise; the challenger lacked the statutory voting threshold and therefore had no locus to contest the scheme, resulting in dismissal of the appeal. The tribunal reasoned that a duly sanctioned compromise is binding on all stakeholders under the Companies Act, and the scheme limited entitlements to a defined class of creditors without purporting to exercise criminal or civil court powers; accordingly statutory rights under other Acts were not displaced. Prior authority supporting threshold-based locus and examination of MPID-related concerns were noted but did not alter the result.....