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july 2004

Supreme Court of India · 2004-07-21

NATIONAL ORGANIC CHEMICAL INDS. LTD. vs MIHEER H. MAFATLAL

Citation / case number
SC 1996/20402
Court
Supreme Court of India
Petitioner
NATIONAL ORGANIC CHEMICAL INDS. LTD.
Respondent
MIHEER H. MAFATLAL
Author
SANTOSH HEGDE
Bench
N. SANTOSH HEGDE, S.B. SINHA & A.K. MATHUR.

Judgment text excerpt

The Supreme Court upheld the decision of the Gujarat High Court regarding the approval of an amalgamation scheme under Section 391 of the Companies Act, affirming that the scheme had the requisite majority support despite objections regarding share allotment. The Court clarified that the appellant, not being a party to the original injunction proceedings, could not be held liable for the alleged breach of the injunction. The ruling emphasized that the jurisdiction of the Company Court was limited to approving the scheme and did not extend to adjudicating on the validity of share allotments made prior to the amalgamation petition.

NATIONAL ORGANIC CHEMICAL INDS. LTD. vs MIHEER H. MAFATLAL · Niyam