9911796707
TMI Blog2015 (3) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... anies Act, 1956. The Petitioner Companies will comply with the statutory requirements in accordance with law. - Scheme of amalgamation approve. - CO.PET. 676/2013 - - - Dated:- 27-10-2014 - Sanjeev Sachdeva,JJ. For the Petitioner : Mr. Ravi Bassi, Advocate for Petitioner Companies. Mr. Atma Sah, Assistant Registrar of Companies for the Regional Director. For the Official Liquidator : Mr. Rajiv Behl, Advocate ORDER Sanjeev Sachdeva, J (Oral). 1. This second motion joint petition has been filed under sections 391 to 394 of the Companies Act, 1956 ( Act ) seeking sanction of the Scheme of Amalgamation ( Scheme ) of Cachet Real Estate Pvt. Ltd (hereinafter referred to as the Transferor Company No. 1), Calvine Builders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... py of the Scheme has been enclosed with the Petition. 2. The registered office of the Petitioner Companies is situated at New Delhi, within the jurisdiction of this Court. The registered office of the Non-Petitioner Companies is situated at Gurgaon, outside the jurisdiction of this Court. 3. Details with regard to the date of incorporation of the Petitioner Companies, their authorized, issued, subscribed and paid up capital have been given in the Petition. 4. Copies of the Memorandum and Articles of Association as well as the latest audited Accounts of the Petitioner Companies have also been enclosed with the Petition. 5. Copies of the Resolutions passed by the Board of Directors of the Petitioner and Non-Petitioner Companies ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trar of Companies and the Central Government as well as the Official Liquidator. Citations were also directed to be published in The Statesman (English) and Veer Arjun (Hindi). An affidavit of service and publication has been filed by the Petitioner Companies showing compliance regarding service of the petition on the Regional Director, Registrar of Companies and the Official Liquidator and also regarding publication of citations in the aforesaid. Copies of newspapers, in original, containing the publication have been filed along with the said affidavit. 9. In response to the notice issued, the Official Liquidator sought information from the Petitioner Companies. Based on the information received, the Official Liquidator has filed hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its. They have also stated that the land held by the Transferor Companies is situated in the State of Punjab and there is no violation of the Land ceiling provisions. Further, the land held by the Transferee Company is situated in the State of Haryana and having licensed land in the urban areas of Gurgaon and as per Notification dated 19.10.2011 issued by the Government of Haryana confirming exclusion of urban / licensed land from the purview of the Ceiling limits. 12. In response to the aforesaid observations, Mr. Neeraj Jain, authorized signatory of all the Petitioners Companies in reply/undertaking affidavit dated 8th September 2014 has submitted as follows:- 3. That in response to para no. 4 of affidavit of Regional Director, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been duly addressed. 15. No objection has been received to the Scheme of Amalgamation from any other party. Mr. A. P. Panday, Authorized Signatory in the Petitioner Companies has filed an Affidavit dated 24th April 2014 confirming that neither the Petitioner Companies nor their counsel has received any objections pursuant to citations published in the newspapers. 16. In view of the approval accorded by the Shareholders and Creditors of the Petitioner Companies; representation/reports filed by the Regional Director, Northern Region and the Official Liquidator, attached with this Court to the proposed Scheme of Amalgamation, there appears to be no impediment to the grant of sanction to the Scheme of Amalgamation. Consequently, sanctio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
