Tribunals and CommissionsDivision Bench(2021) 02 NCLT CK 0052

M/s Annalakshmi Tradelinks Private Limited And Ors. Vs

National Company Law Appellate Tribunal · Decided on 23 February 2021

HON’BLE JUDGES
P.S.N. Prasad, J · Dr. V.K. Subburaj, Member (Technical)
CASE NUMBER
Company Application No. CA (CAA)-4/(ND) Of 2021

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Judgment

18 paragraphs · 403 words
1.

This Company Petition filed by the Petitioners is coming before us for admission and for fixing a date for hearing for the final disposal of the

application as well as for a direction for publication to be effected and issuance of notices to the concerned authorities for objections, if any, to the

Composite Scheme of Amalgamation (hereinafter for brevity referred to as ""SCHEME"") contemplated between the applicant companies.

2.

Learned Counsel for the Petitioner Companies submits that in terms of Order dated 23rd October, 2020 passed by this Tribunal in Company

Application No. CA(CAA)-50(ND)2020, the meeting of all Equity Shareholders, secured and unsecured creditors of the applicant companies for the

proposed Scheme of Amalgamation between the Transferor Companies (Applicants No. 1 to 9) with the Transferee Company had been dispensed

with in view of their consent affidavits being on record.

3.

It is therefore now directed that the notice of final hearing is fixed for 2ndApril, 2021 and shall be advertised in the daily newspapers namely, the

Business Standard"" in English and ""Jansatta"" in Hindi having circulation in Delhi, not less than 10 days before the aforesaid date fixed for hearing.

4.

In addition to the above public notice, the applicant companies shall individually serve the notice of the Petition on the following Authorities namely

(al Central Government through Regional Director (Northern region), Ministry of Corporate Affairs (b)Registrar of Companies, NOT of Delhi &

Haryana, Ministry of Corporate Affairs (c) the Income Tax Department (d) Official Liquidator and to such other Sectoral Regulatory Authorities who

may govern the working of the respective Companies involved in the Scheme at least 30 days before the date fixed for hearing of the above Petition.

5.

All the applicants, shall at least 7 days before the date of hearing of the petition file an affidavit of service in relation to the paper publication

effected as well as service of notices on the Authorities specified above including the Sectoral Regulator.

6.

Objections, if any, to the Scheme contemplated by the authorities to whom notices have been given, may file their objections on or before the date

of hearing fixed herein, failing which it will be considered that there is no objection on the part of the authorities to the approval of the Scheme by this

Tribunal, subject to other conditions being satisfied as may be applicable under the Companies Act, 2013 and relevant rules framed there under.