tag:blogger.com,1999:blog-3202774368551476669.post798012869238575525..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: Nature of Consideration in a Scheme of ArrangementUmakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-3202774368551476669.post-21038161891487779722016-12-12T14:43:37.912+05:302016-12-12T14:43:37.912+05:30Dear Sir,
I have two questions with respect to Sc...Dear Sir,<br /><br />I have two questions with respect to Scheme of Arrangement:<br /><br />1. The discussed case holds that it depends on the commercial wisdom of the parties to decide what the consideration would be. Here, the transfer of shares of the transferee's holding company were taken to be a valid consideration. Going by the same logic, can we say that in a scheme of demerger, the shares may be issued to the shareholders of the demerged company's parent company and not to the shareholders of the demerged company directly as a consideration?<br /><br />2. If the assets of the transferor company which are to be transferred, are secured in favour of lenders of its parent company, will consent of such lenders (who are not creditors of either the transferor or the transferee company) ber required for the scheme?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3202774368551476669.post-80360043586110179792015-10-10T06:42:07.170+05:302015-10-10T06:42:07.170+05:30REACTION: For spontaneous thoughts, intended to b...REACTION: For spontaneous thoughts, intended to be shared impromptu, for the ‘common good’, attention is invited to the personal Blog @<br />http://vswaminathan-swamilook.blogspot.in/2015/10/contract-law-elements-of-contract-in.html<br />KEY NOTE: <br />Pithily stated: In one's perspective, and as per own conviction based on sound and logical thinking / reasoning, this is one of those several instances of a recent origin, in which the appointed authority may be urged, -rightly so hence with success,- to have travelled beyond, and acted in excess of, his ‘vested powers’; and thereby, been the cause of a unwarranted court litigation, with no frightfully public-centrist purpose to serve, so as to ultimately prove to be for the ‘common good’.<br /><br /><br /><br /><br /><br />vswaminoreply@blogger.com