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2015 Supreme(Online)(SC) 328

SUPREME COURT
T. V. Ramakrishnan, J
Infrastructure Leasing & Fin. Services Ltd. – Appellant
Versus
BPL Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shyam Divan
For the Respondents: Mr. V. Giri

Table of Content
1. overview of bpl limited's incorporation and restructuring. (Para 1)
2. objections raised by creditors against bpl's scheme. (Para 2 , 3)
3. court's analysis regarding the maintainability of the scheme. (Para 5)
4. arguments concerning the status of the appellant as a secured creditor. (Para 8 , 9 , 10 , 11)
5. bpl's reaffirmation of the appellant's creditor status. (Para 12 , 13)
6. court's supervisory role in approving schemes of arrangement. (Para 20 , 21)
7. contrasting the arbitration award and the hypothecation status. (Para 27 , 29)
8. discussion on the preservation of the charge of hypothecation. (Para 39 , 43)
9. final conclusion and directions regarding the scheme's meeting. (Para 47)

1. BPL Limited, the respondent herein, was incorporated under the Companies Act, 1956 (for brevity 'the Act") and on 16.4.1963, certificate of incorporation in the name of the company as British Physical Laboratories India Pvt. Ltd. was issued. The company became deemed public company and the word "Private" stood deleted with effect from 24.3.1981. Subsequently, the name of the company was changed to BPL Limited and fresh certificate of incorporation was issued by the Registrar of









































































































































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