Amalgamation is basically a merger of two or more companies into one another company and the shareholders of each merging company becomes the shareholders in that another company. It may be either by: (i) the transfer of
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Amalgamation is basically a merger of two or more companies into one another company and the shareholders of each merging company becomes the shareholders in that another company. It may be either by: (i) the transfer of two or more companies into one another new company, or (ii) the transfer of one or more companies into one existing company In light of the above, when a transferor company stands dissolved due to amalgamation, explain the status of legal proceedings pending before the court, in which the transferor company was a party.
Answer & Explanation:
Amalgamation means merging of two corporations, destroying both in the process and creating an entirely new entity i.e. a new financial organization. This emergence allows the newly formed company to inherit the assets and liabilities of its constituent parties to incorporate within as a sort of successor to both of them being bigger and better than both as well. In case of Speed line Agencies Vs. T Stanes & Co. Ltd Supreme Court has decided that, in amalgamation, all proceedings in which Transferor Company was a party be continued, prosecuted and enforced by or against the Transferee Company in the same manner and to the same extent as it would be or might have been continued, prosecuted and enforced by or against the Transferor Company as if the Scheme had not been made. The above would be so with effect from the effective date. In other words, when a transferor company stands dissolved (with or without winding up) due to amalgamation, its right under the decree for eviction devolves on the transferee company.
Topics: Company Law
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