The National Company Law Appellate Tribunal, New Delhi, ...

Tribunal Upholds Original Demerger Scheme's Appointed Date, Overturns NCLT Modification Based on Legal Compliance.

May 31, 2024

Case Laws     Companies Law     AT

The National Company Law Appellate Tribunal, New Delhi, addressed the modification of a Demerger Scheme's terms by changing the Appointed Date to the date of the Impugned Order's pronouncement. The Tribunal held that if statutory provisions are complied with and there is no violation of law or public policy, the NCLT lacks jurisdiction to question the commercial wisdom of those approving the scheme. Altering the Appointed Date could have significant financial implications, and the Tribunal's role is supervisory if all sanctioning parameters are met. The reliance on a previous case was deemed incorrect as the Appointed Date should align with the scheme's provisions. The appeal was allowed, confirming the Appointed Date as per the scheme and not the date of the NCLT's pronouncement.

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