9911796707
TMI Blog2016 (12) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... any. - COMPANY PETITION NO. 437, 438, 439, 440 of 2016 In COMPANY APPLICATION NO. 367, 368, 369, 370 of 2016 With COMPANY PETITION NO. of 2016 - - - Dated:- 16-12-2016 - SMT. ABHILASHA KUMARI, J. FOR THE PETITIONER : MR NAVIN K PAHWA, ADVOCATE FOR THAKKAR AND PAHWA ADVOCATES, ADVOCATE FOR THE RESPONDENT : MR KSHITIJ AMIN, CENTRAL GOVT. STANDING COUNSEL FOR MR. DEVANG VYAS, ASSISTANT SOLICITOR GENERAL OF INDIA C.A.V. ORDER 1. The present petitions are filed under the provisions of Section 391 to 394 of the Companies Act, 1956, seeking the sanction of this Court to the Scheme of Amalgamation of Aatrey Buildcon Private Limited, Aatrey Infracon Private Limited and Aatrey Infrastructure Private Limited with Shreem Design ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , filed Company Application No. 370 of 2016 seeking dispensation of the meetings of the Equity Shareholders and Unsecured Creditors. It is reported that there are no Secured Creditors of the petitioner-company. By an order dated 16.8.2016, passed in Company Application No. 370 of 2016, this Court ordered dispensation of the meetings of the Equity Shareholders and Unsecured Creditors. 6. The petitioners, thereafter, filed Company Petition Nos. 437 to 440 of 2016, respectively, seeking the sanction of the Scheme of Amalgamation. By separate orders dated 23.9.2016, this Court admitted the petitions and directed the issuance of notice to the Regional Director in the case of all the Companies and notice to the Official Liquidator in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort of the Regional Director, itself, suggests that the Income Tax Department has not made any adverse observations. Without prejudice, the petitioners submit that they would undertake compliance of the Income Tax Act and the Rules made thereunder. 11. The Official Liquidator has filed his separate reports dated 13.12.2016 in the cases of the Transferor Companies. The reports confirm that the affairs of the Transferor Companies are not conducted in a manner prejudicial to the interest of their members or to the public interest. The Official Liquidator, however, has requested this Court to direct the petitioner Transferor Companies to preserve their books of accounts, papers and records and not to dispose of the records without the prior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assets of the petitionertransferor companies, if any, 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. 16. The petitioners are directed to file a copy of this order along with a copy of the Scheme with the concerned Registrar of Companies, electronically, along with requisite Form in addition to physical copy as per relevant provisions of the Act. 17. Filing and issuance of drawn up order is hereby dispensed with and all the authorities to act on a copy of this order along with the Scheme duly authenticated by the Registrar, Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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