M/S Daiichi Sankyo Company Limited vs Oscar Investments Limited on 22 September, 2022
Author
this Clause 3.9(a)(vi)(D) including
pursuant to the invocation of pledge or imposition of
any liability, penalty, cost on RSL due to such ... Pledge Agreement dated 19 March 2018 and notice of invocation
of Security under the pledge agreement
Dear Sir,
1. This notice (Notice) is in reference
Pledge Agreement reads as under:
"1.7 During the continuance of the Pledge hereby
created all voting rights in respect of the Pledged
Securities shall ... fact sold the pledged security and realized the value thereof. A
mere stipulation in the agreement of pledge that after the invocation of the
Vishal
borrower.
39. Even the consequences which would emanate after the invocation of
pledge and sale of the shares have been distinctly provided for. In Clause ... coextensive and coexistent with the liability under the
agreement. Even after invocation of pledge, the defendant No.1 continued
to be liable to make
10089-2020.DOC
restraining IFIN from acting in furtherance of a pledge invocation
notice of 20th August 2020.
3. The background to the Petition ... crores
to Champion Agro World. This facility was secured by a pledge of
52,86,679 shares -- 60.7% of the share capital of Champion Agro
emphasizes the fact that there is a qualitative
difference between the invocation of pledged securities and recall of
the loan facilities. The right to recall ... Gopal Jain, does
not dispute the fact that the invocation of the pledged securities was
for the same default which constitutes basis of the issuance
intended to invoke
only the shares pledged vide the unattested pledge agreement dated
27.12.2019. Nowhere in the Invocation of Pledge Notice dated ... been aware of this position on 22.05.2020 when it
sent its Invocation of Pledge Notice. This, in turn, would have found a
mention
October 2012. On 5 October 2012, soon after the invocation of
the pledge, the first respondent passed a Board resolution
requesting the second and third ... under Regulation 58(8) of the Depositories
Regulations, on the invocation of the pledge, the depository is
liable to register the pledgee as beneficial owner
date of creation of pledge on shares of that company held by him, inform the details of such pledge of shares to that company ... date of invocation of pledge on shares of that company pledged by him, inform the details of invocation of such pledge to that company. Explanation
that respondent No.2 has
acted upon by reversing the share pledge invocation transactions.
However, the fact remains that since 2005 Respondent