Tribunals and CommissionsDivision Bench(2021) 08 NCLT CK 0044

M/s Luit Valley Enterprises Pvt Ltd vs M/s Nemcare Hospital Tezpur Pvt. Ltd

National Company Law Tribunal · Decided on 23 August 2021

HON’BLE JUDGES
H. V. Subba Rao, Member (J) · Prasanta Kumar Mohanty, Member (T)
RESULT
Allowed/Disposed Of
CASE NUMBER
CA (CAA)/8/2021

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Judgment

99 paragraphs · 716 words

Sr. No.,TRANSFEROR COMPANY,"M/S LUIT VALLEY ENTERPRISES

PVT. LTD.

A1.

A2

A3

A4

A5.

A6.","TRANSFEROR COMPANY

 Incorporation

 CIN

PAN

Registered

Office Shares","9th day of September,1985

U55101AS1985PTC002431

AAACL4724B

Holding No 5/1288 Ward No 5, Ranu

Singh Road, Tezpur- 784001, Sonitpur,

Assam

 Authorized Share Capital is

Rs.40,00,000/- and Issued, Subscribed

and Paid-up Capital is Rs.32,00,000/-

· To establish and carry on business

of hotels, restaurants, refreshment,

rooms, tea, rooms, cafes,milk and snack

bar. Â

· To act as caterers and contractors

as bakers, confectioners, tabacco, milk

and butter seller, dairymen, grocers,

farmers, Ice merchant etc.

· To carry on the business of

providing boarding and lodging

houses, hotels, savers, bear houses

and lincensed wine, beers and spirit

Merchants. Â

· To purchase or otherwise acquire

any land, building or premises and to

turn into accounts, develop, improve,

alter, demolish or let out for the

purpose of carrying on the business of

Hotel.

Name,DIN,Address

Hiteswar Baruah,01157669,"Prabhu Nibash Sarumataria Hengerabri Guwahati-06

Assam, India

Mihir Kumar,01157562,"CK Agarwal Road, Chenikuthi, Guwahati-03, Assam,

India

Ranjan Kumar Deka,01157216,"Narengi, Guwahati, Assam, India

Dharani Dhar Baruah Â,02094968,"Nemcare Hospital, Bhangagarh, Guwahati781005,

Assam ,India

Pallabi Saikia,07291622,"Tezpur,Assam, India

Particulars,FY 2019-20(Rs.),FY 2018-19(Rs.)

Authorized share capital,"40,00,000.00","40,00,000.00

Paid up share capital,"32,00,000.00","32,00,000.00

Total assets,"8,831,689.00","8,831,689.00

Total Income / Revenue,0,0

Net Profit/ (Loss) After Tax,"-33,900.00","89,599.00

Sl. No,Particular,Amount (in Rs)

A,Assets,

,Capital WIP,"19,78,18,921

,Long term loan & Advances,"2,95,91,694.00

,Cash & Cash Equivalents,"28,61,086.15

,Other Current Assets,"7,61,090.66

,Total of A,"23,10,32,791

B.,Liabilities,

,Other Current Liabilities,"2,91,454

,Long term Borrowing,"12,67,18,869.01

,Trade Payables,"49,83,481.00

,Total of B,"13,19,93,804

C,Equity value (A-B),"9,90,38,987

D,No. of equity shares,"10,24,672

F,Fair Value per share,97

,Short Term Provision,"31,481

,Long term Borrowing,"50,00,000.00

,Total of B,"1,12,75,191

C,Equity value (A-B),"9,03,71,409

D,No. of equity shares of Rs 100/- each,"32,000

F,Fair Value per share,"2,824

(b) the Registrar of Companies, Guwahati",,

(c) the Income Tax Authorities of the concerned areas;,,

(d) the Official Liquidator, North eastern Region stating that representations, if any, to be made by them shall be made within a period of 30 (Thirty) days from the",,

date of receipt of such notice, failing which it will be deemed that they have no objections to make on the proposed Scheme of Arrangement. The said notices shall be",,

sent to the above Statutory authorities forthwith either by Registered Post or by Speed Post or by Courier or by Hand Delivery at the office of the authorities as,,

required by sub-rule (2) of Rule 8 of the Companies (CAA) Rules, 2016. The aforesaid authorities who desire to make any representation under sub-section (5) of",,

Section 230 shall send the same to this Tribunal with a copy of the same to be sent to the Applicant Companies within a period of 30 (Thirty) days from the date of,,

such service.,,

29.

The Applicants or its Counsels on record shall along with copies of required documents and disclosures required under the provisions of Section,,

230(5) of the Companies Act, 2013 in Form NO.CAA.3 of the Companies (CAA) Rules, 2016 with necessary variations incorporating the directions",,

therein, by sending the same by hand delivery or through special messenger or by registered post or speed post for filing their representation, if any,",,

within 30 days from the date of receipt of the notice with a copy of such representation being sent simultaneously to the Applicant Companies and/or,,

its Counsels. If no such representation is received by the Tribunal within the said period, it shall be presumed that such authorities have no",,

representation to make on the Scheme of Arrangement.,,

30.

Issue advertisement detailing petition under Rule 35 of the NCLT Rules, 2016 not less than fourteen days before the date fixed for hearing in two",,

daily newspapers â€" one in “Sentinel†in English newspaper and the other in “Dainik Agradoot†in local vernacular newspaper to all the,,

stakeholders for final disposal of the petition.,,

31.

The authorized representative of the Applicant Companies or its Counsels shall furnish an affidavit of compliance before three days of the date of,,

next hearing.,,

32.

All the aforesaid directions are to be complied in accordance with the applicable law including forms and formats contained in the Companies,,

(CAA) Rules, 2016 as well as the provisions of the Companies Act, 2013. The undertaking of the authorized representative of the applicants to this",,

effect is accordingly taken on record.,,

33.

With the aforesaid directions/observations, CA (CAA) No.8/GB/2021 is allowed and stands disposed of accordingly.",,