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2016 (2) TMI 242

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..... f of the petitioner that Small Johnson Floor Tiles Private Limited, the Transferee Company, being the Holding Company, had earlier filed Company Application No.337 of 2015,  seeking an order that no separate proceedings in respect of the Transferee Holding Company are required to be undertaken under the provisions of Section391( 2) of the Act. This Court, by an order dated 03.11.2015, passed in Company Application No.337 of 2015, allowed the said application. Accordingly, no separate petition on behalf of the Transferee Company is filed. 3. Solid Johnson Floor Tiles Private Limited, the Transferor Company, filed Company Application No.336 of 2015, seeking dispensation of the meetings of the Equity Shareholders, Secured Creditors and U .....

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..... Rules. 7. In response to the affidavit of the Regional Director dated 31.12.2015, the petitioner has filed its response by an affidavit dated 05.01.2016, giving an explanation to the observation of the Regional Director. It is submitted that the report of the Regional Director, itself, shows that pursuant to the letter of the Regional Director, no adverse remarks within the stipulated period of time are received from the IncomeTax Department. As per Circular dated 15.01.2014 of the Ministry of Corporate Affairs, if no response is received from the IncomeTax Department within a period of fifteen days from the receipt of the notice by the Regional Director, it may be presumed that the IncomeTax Department has no objection to the action prop .....

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..... nt under Section396A of the Companies Act, 1956. 11. The cost of this petition is determined at Rs. 7,500/payable to Shri Devang Vyas, learned Assistant Solicitor General of India and the Official Liquidator. 12. The petitionerCompany shall lodge a copy of this order, the schedule of immovable assets of the petitionerCompany as on the date of this order and the Scheme duly authenticated by the Registrar, High Court of Gujarat, with the concerned Superintendent of Stamps, for the purpose of adjudication of stamp duty, if any, on the same within 60 days from the date of the order. 13. The petitioner is directed to file a copy of this order along with a copy of the Scheme with the concerned Registrar of Companies, electronically, along with .....

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