- (1.)The core question in this batch of appeals is as to whether shares or convertible debentures even before they are allotted can be considered to be "goods" within the meaning of section 2 (e) of the monopolies and Restrictive Trade Practices act, 1969 (the 'm. R. T. P. Act').
(2.)The appellants herein pursuant to or in furtherance of an invitation to offer debentures linked with equity shares for public issue applied therefore. The respondents are public limited companies. They had offered capital for subscription but had linked the equity shares with the accrued redeemable non-convertible debentures.
(3.)A complainant was made to the effect (which is the subject-matter of civil appeal nos. 2071-2100 of 1987) that the issue of equity shares tied up with debentures is a restrictive trade practice within the meaning of sections 2 (o) (ii) , 33 (1) (b) and 33 (1) (g) of the M. R. T. P. Act. In civil appeal no. 2490 of 1995, the subject-matter of complaint was that the public issue of debentures offered by the respondent therein upon certain terms and conditions amounted to unfair trade practice as the respondent-company in their prospectus for raising capital through the issue of debentures made false and misleading claims.