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august 2004

Supreme Court of India · 2004-08-25

Clariant International Ltd. & Anr vs Securities & Exchange Board Of India

Citation / case number
AIR 2004 SUPREME COURT 4236
Court
Supreme Court of India
Petitioner
Clariant International Ltd. & Anr
Respondent
Securities & Exchange Board Of India
Author
S.B. Sinha
Bench
N. Santosh Hegde, S.B. Sinha, A.K. Mathur

Judgment text excerpt

The Supreme Court held that under Section 15Z of the Securities and Exchange Board of India Act, 1992, the acquirer must comply with the open offer requirements as per the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997. The Court affirmed the Securities Appellate Tribunal's order directing the acquirer to make a public announcement and pay interest at 15% per annum to shareholders for the delay caused by non-compliance. The judgment emphasizes the importance of transparency and shareholder protection in corporate acquisitions.

Clariant International Ltd. & Anr vs Securities & Exchange Board Of India · Niyam