Locus of appellant - The NCLT's decision dismissed the ...

Case Laws     Insolvency and Bankruptcy

April 9, 2024

Locus of appellant - The NCLT's decision dismissed the Appellant's objections to a scheme of amalgamation involving two companies - Appellant contended that they were a creditor based on previous agreements and royalty payments related to copyright material, thus entitled to object to the scheme and access scheme documents. - The Tribunal found no merit in the Appellant's arguments, affirming that the legal criteria for a creditor's locus standi in objecting to a scheme were not met by the Appellant. The NCLAT underscored that the Appellant's name was not listed in the audited financial statements nor among the unsecured creditors of either respondent company. This fact was pivotal in determining the Appellant's lack of standing to object to the scheme.

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