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Judgment
This Appeal is against an Impugned Order dated 16th April, 2024 whereby an Application moved under Rule 11 by the Appellant before the Learned NCLT was dismissed. It is submitted vide this Application, the Appellant had sought for a list of unsecured creditors of Respondent No.2 Company and Respondent No.2 Company was also directed to confirm as to if the Appellant was considered as an unsecured creditor on the date of approval of scheme of amalgamation by its Board.
The said Application has been dismissed stating inter alia the list of unsecured creditors was already available in the application before the learned NCLT and secondly, even after the merger, the transferee company shall remain in existence and the Appellant shall be at liberty to proceed further against the transferee company in accordance with law. Moreso, if one peruse the Application filed under Rule 11 by the Appellant, no such prayer to include its name in such list was ever made and hence there is no infirmity in the impugned Order passed by the learned NCLT. The Appeal thus has no merits and is accordingly dismissed. At this stage, liberty is sought by the Appellant to file an appropriate Application before the learned NCLT with such prayer of inclusion of its name in such list of creditors. The appellant is free to do so, as per law.
The Appeal is thus disposed of. Pending applications are also disposed of.
Dasti.