Tuesday, 21 May 2013

Takeover Code empowers SEBI to permit withdrawal of open offers only where performance of offer is i

CL : Regulation 27(1)(d) of the 1997 Takeover Code[corresponding to Regulation 23(1)(d) of the 2011 Takeover Code] doesn't empower SEBI to permit withdrawal of an offer merely because it has become uneconomical for acquirer to perform the public offer. Other two clauses of Reg. 27(1) are within the same genus of impossibility. Therefore, applying the principle of 'ejusdem generis' "such circumstances" in clause (d) would also be restricted to situation which would make it impossible for the acqu


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