Bescoat Clays Private Limited Vs

CP(CAA)/1/KOB/2022

This 2nd Motion Petition has been filed under Section 230/232 of the Companies Act, 2013 by the Petitioners M/s. Bescoat Clays Pvt Ltd (Transferor

Company) and Southern Clays and Minerals Pvt Ltd (Transferee Company) with the prayer to sanction the scheme of merger of the Applicant

Companies.

Learned PCS for the Petitioners Shri P.P.Zibi Jose appeared through VC.

Vide order dated 16.11.2021 in CA(CAA)/01/KOB/2021 the Petitioners/Applicants were directed to individually send notice to the Central

Government, Income Tax Authorities, Registrar of Companies, Official Liquidator and other sectoral regulators who may have significant bearing on

the operation of the Petitioner/Applicant Companies along with copy of required documents and disclosures required under the provisions of

Companies Act, 2013 read with Companies (Compromises Arrangements and Amalgamations) Rules, 2016. It was also indicated that if no response

is received from the aforesaid authorities within 30 days of date of receipt of the notice, it would be presumed that such authorities have no objection

to the proposed Scheme of Amalgamation.

The Petitioners have filed Compliance Report against the aforesaid Order on 14.12.2021. But it appears that the petitioners have not yet filed the

proof of service (A/D card or Postal Track Report) with regard to the notice issued to the above statutory authorities. The Petitioners are therefore

directed to submit the proof of service with an affidavit within 7 days.

The Petitioners are also directed to make necessary paper publications in the same newspapers, as in the case of 1st motion, in English Daily

“Indian Express†and Malayalam Daily “Mathrubhoomi†which have wide circulation, not less than 10 days before the date fixed for the

hearing as prescribed under the relevant provisions of the Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016 and file proof

of publication before the next date fixed.

List on 30.03.2022 for hearing.