Skip to main content

Posts

Showing posts from November, 2010

Case Study: Amalgamation / Merger of a Sort

To, Date: 25th June 2011 The Hon'ble Chairman, Appellate Authority for Industrial and Financial Reconstruction (AAIFR) Jeevan Prakash Building, Kasturba Gandhi Marg, New Delhi – 110001. Ground for the Letter Appeal The Order passed by Hon'ble Board (Hereinafter referred to as BIFR) dated 30.09.2010 in the Case No. 08 of 2006 of India Foils Limited, sanctioned the scheme of amalgamation of Sick M/s India Foils Limited, the Transferor Company (Hereinafter referred to as IFL) with M/s Ess Dee Aluminium Limited, the Transferee Company (Hereinafter referred to as EDAL ), is ultra vires the statute (Sick Industrial Companies (Special Provision) Act 1985) [Hereinafter referred to as SIC Act 1985], for, the said Amalgamation is beyond the contemplation of the SIC Act 1985. There is a “Legal Impossibility” of the Amalgamation of IFL, the Transferor Company with EDAL, the Transferee Company, in the li