Appeal No. 66/2016
Cement Manufactures' Association (CMA) .... Appellant
Versus
Competition Commission of India & Ors. .... Respondents
TA (AT) (Compt ... Cement Manufactures' Association' (hereinafter referred to as
"CMA"- the 'Opposite Party No.1') and 11 Cement Manufacturing
Companies
along with
the Resolution Plan submitted drafts of the Construction Management
Agreement (CMA) and the Master Facility Agreement (MFA) on
17.12.2021.
xxv. In 12th ... xxviii. CoC by a separate Resolution also approved the execution of the CMA
& MFA by 83.93% voting shares.
xxix. On 27.12.2021, Consent Terms were
along with
the Resolution Plan submitted drafts of the Construction Management
Agreement (CMA) and the Master Facility Agreement (MFA) on
17.12.2021.
xxv. In 12th ... xxviii. CoC by a separate Resolution also approved the execution of the CMA
& MFA by 83.93% voting shares.
xxix. On 27.12.2021, Consent Terms were
along with
the Resolution Plan submitted drafts of the Construction Management
Agreement (CMA) and the Master Facility Agreement (MFA) on
17.12.2021.
xxv. In 12th ... xxviii. CoC by a separate Resolution also approved the execution of the CMA
& MFA by 83.93% voting shares.
xxix. On 27.12.2021, Consent Terms were
along with
the Resolution Plan submitted drafts of the Construction Management
Agreement (CMA) and the Master Facility Agreement (MFA) on
17.12.2021.
xxv. In 12th ... xxviii. CoC by a separate Resolution also approved the execution of the CMA
& MFA by 83.93% voting shares.
xxix. On 27.12.2021, Consent Terms were
along with
the Resolution Plan submitted drafts of the Construction Management
Agreement (CMA) and the Master Facility Agreement (MFA) on
17.12.2021.
xxv. In 12th ... xxviii. CoC by a separate Resolution also approved the execution of the CMA
& MFA by 83.93% voting shares.
xxix. On 27.12.2021, Consent Terms were
along with
the Resolution Plan submitted drafts of the Construction Management
Agreement (CMA) and the Master Facility Agreement (MFA) on
17.12.2021.
xxv. In 12th ... xxviii. CoC by a separate Resolution also approved the execution of the CMA
& MFA by 83.93% voting shares.
xxix. On 27.12.2021, Consent Terms were
learned
Counsel for the Appellant referring to Cash Management Agreement
("CMA") submits that as per the CMA 34% of daily gross revenue from ... DSRA would be replenished from the amounts in 34% of the
CMA and The Lender was obliged to maintain the DSRA amount or upon
learned
Counsel for the Appellant referring to Cash Management Agreement
("CMA") submits that as per the CMA 34% of daily gross revenue from ... DSRA would be replenished from the amounts in 34% of the
CMA and The Lender was obliged to maintain the DSRA amount or upon
contrary to the
covenants between the parties. The CMA dated 04.01.2018 and the
DSRA obligation under the Loan Agreement are only mechanism to
channel funds ... entitled, this Tribunal held
that findings of Adjudicating Authority regarding denial of CMA are
unsustainable. It was also held that Adjudicating Authority did not
advert
