Facts of the case:-
i. Appellant is the Successful Resolution applicant (SRA) of the Corporate Debtor (CD), whose Resolution Plan was approved by the Committee of Creditors (CoC) of the Corporate Debtor with 81.39% voting share which was conditionally approved (subject to condition in reference to the rights over the brand name/trademarks of the Corporate Debtor] by the Hon'ble NCLT by order dated 3rd June 2019.
ii. Corporate Debtor has been into the business of printing, publication, and sale of daily newspapers under the trade names, "Deccan Chronicle" (English) and "Andhra Bhoomi" (Telugu) (hereinafter referred to as the "Trademarks").
iii. There was pending application with respect to the brand name of the Corporate Debtor, application I.A. No.155 of 2018 seeking a declaration by the Corporate Debtor that it is the owner of the trademarks ("Deccan Chronicle" and "Andhra Bhoomi") and the said trademarks be treated as part of the assets of the Corporate Debtor.
iv. On 14th August 2019, Hon'ble NCLT held that that the Resolution Professional has established that it is the Corporate Debtor/DCHL who has an exclusive right to use the trademarks "Deccan Chronicle" and "Andhra Bhoomi" and also made a declaration that the trademarks ("Deccan Chronicle" and "Andhra Bhoomi") belong to the Corporate Debtor/DCHL).
Deccan Chronicle Marketeers (Respondent) in the present case challenged order of Hon'ble NCLT Order dated 14th August 2019 before Hon'ble National Company Law Appellate Tribunal [NCLAT).
Hon'ble NCLAT Set-aside order of Hon'ble NCLT on following grounds:
Esta historia es de la edición May 2023 de M & A Critique.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición May 2023 de M & A Critique.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor? Conectar
Batliboi Ltd. merging its associate company
Batliboi Limited has a history of collaborations with various foreign technical partners and has subsidiaries like Hydraulic & General Engineers Ltd. and Batliboi International Ltd. In March 2024, the board of Directors of Batliboi Limited accorded their approval for the merger of promoter owned private company with itself.
TVS Motors issuances of convertible preference shares as bonus instead of dividend
Recently, well known auto manufacturer announced the issuance of preference shares as a bonus to all equity shareholders.
Aditya Birla Fashion & Retails Scheme to undo its consolidation
Corporate restructuring saga continues for Aditya Birla Group.
Advent International to combine its listed & private entity business
Recently, Advent International announced the merger of its privately held pharma company into recently acquired listed pharma company.
Eris Lifesciences on Acquisition Spree to expand its branded formulations portfolio
Recently, Eris Lifesciences Limited announced acquisition of 'branded Formulation Business' of Biocon Biologics Limited pertaining to the India territory through slump sale. In addition, ELL also announced a foreign acquisition.
Vuenow Merges All Entities Will It Create Value?
Recently, Vuenow Infratech Limited, a BSE listed company, announced the merger of two private companies itself.
Dalmia Group continues its journey of segregation of businesses by way of demerger
Recently Dalmia Group announced yet another restructuring of one of its group companies Dalmia Bharat Refractories Limited.
Rane Group to consolidate its listed operational entities
After keeping different operational listed entities for years, Rane Group, one of the key players in Auto Ancillary space has decided to consolidate its listed operational companies under Rane (Madras) Limited.
Zuari Group's attempts to create the biggest private producer of Fertilisers
“Transfer of Identified shares from ZACL to ZMPPL is a precondition for approval of the merger transaction”
Shankara Building Products separates its trading & marketplace business for independent growth
Recently, Shankara Building Products Limited announced the demerger of its trading/building material marketplace business from its manufacturing business.
