An appeal against the rejection of an application for amendment ...

Allowing minor tweak in swap ratio averts lengthy redo of merger scheme &A.

Case Laws     Companies Law

October 19, 2024

An appeal against the rejection of an application for amendment of a Scheme of Amalgamation, involving a minuscule change in the swap ratio of the Transferor Companies. Precedents were cited where amendments to schemes were allowed, including changes in appointed dates, swap ratios, and exclusion of companies from the merger. The proposed modification would not require additional approvals under FEMA regulations. Sustaining the impugned order would necessitate remodifying the scheme and undertaking lengthy compliances for the third time. Consequently, the Appellate Tribunal allowed the appeal and set aside the impugned order rejecting the amendment.

View Source