In our latest post, the author attempts to highlight the key takeaways from the landmark Tata v. Mistry judgment. In doing so, the author takes a closer look at Article 75 of the Articles of Association and its impact on the future dynamics between TATA and SP group.
Introduction Sections 391 to 394 of the Companies Act, 1956 have bestowed upon the High Courts, to sanction the scheme of arrangements. Sections 230 to 240 in the Companies Act, 2013 gives similar power to the National Company Law Tribunal (NCLT). Section 391(1) granted the High Court with the power to order a meeting of …
In this post, the author critically examines the decision of the Hon’ble NCLAT in V. Padmakumar v. Stressed Assets Stabilisation Fund & Anr. The author differs from the majority’s widely debated view holding that the reflection of debt in the balance sheet of the Corporate Debtor does not amount to an acknowledgment under Section 18 of the Limitation Act, 1963, and argues that sole reliance on Section 92 of the Companies Act, 2013 is misplaced and the implication of the balance sheet along with the Directors’ Report and financial statement must be considered holistically.