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TMI Blog2017 (2) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... e RD, NR) The present application under Rule 9 of the Company (Court) Rules, 1959 read with Section 151 of the Code of Civil Procedure Code, 1908 seeks condonation of delay 93 days in filing the rejoinder affidavit in reply to the representation/affidavit dated 11.04.2016 of the Regional Director, Northern Region, Ministry of Corporate Affairs, Delhi under Section 394-A of the Companies Act, 1956. For the reasons stated in the application, which are duly supported by an affidavit, the delay of 93 days in filing rejoinder in reply to the affidavit dated 11.04.2016 of the Regional Director, Northern Region is condoned. The rejoinder be taken on record. The application is disposed of accordingly. CO. APPL.1390/2016 (Condonation of Delay in Filing Report) The present is an application under Rule 9 of the Companies (Court) Rules, 1959 seeking condonation of delay of 94 days in filing the report of the Official Liquidator under second proviso to Section 394(1) of the Companies Act, 1956. After hearing counsel for the parties and in view of the reasons stated in the application, which are duly supported by an affidavit, the delay of 94 days in filing the aforesaid report is condone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shares of Rs. 10/- each. 9. It has been averred on behalf of the Petitioner Companies that there are no proceedings pending against them, under Sections 235 to 251 of the Act (including their corresponding sections of the Companies Act, 2013). 10. It has been further submitted on behalf of the Petitioner Companies that the Scheme has been approved by the respective Board of Directors (BOD) of the Petitioner Companies. Copies of the BOD resolutions dated 16.02.2015 have been filed and the same are on record. 11. The Copies of the Memorandum of Association and Articles of Association, of each of the Petitioner Companies, have been duly filed as Annexures to Company Application (M) No. 58 of 2015 (Application for First Motion), which earlier came to be filed by the Petitioner Companies. The same are on record. The audited financial statements, as on 31st March, 2014, alongwith the auditors' reports, pertaining to each of the Petitioner Companies have also been duly filed by the Petitioner Companies and the same are on record. 12. A copy of the Scheme has been duly placed on record and the salient features of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pursuant to the same, the Petitioner Companies have filed the instant petition (i.e. Second Motion Petition). Notice in the present petition was issued by this Court, by way of the order dated 18.11.2015, and the said order dated 18.11.2015 was modified, vide order of this Court dated 19.02.2016. Notice in the present petition was accepted on behalf of the Official Liquidator (OL) and the Regional Director (RD), Northern Region. 18. Furthermore, vide order of this Court dated 19.02.2016, citations were directed to be published. It has been noted that Citations were published, in Delhi Editions of the newspapers, namely, 'Indian Express' (English, Delhi Edition) and 'Jansatta' (Hindi, Delhi Edition) on 19.03.2016, in compliance with the order of this Court dated 19.02.2016. An affidavit dated 07.04.2016 demonstrating service of the petition on the Official Liquidator, Registrar of Companies and the Regional Director, Northern Region. 19. Pursuant to the issuance of notices in the present petition, report of the Official Liquidator (OL) dated 06.04.2016 has been filed, wherein, inter alia, it has been stated that no complaint qua the Scheme, has been received from any p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... field on 04.08.2016 and 08.04.2016, respectively. The copies of the aforestated documents have been placed on record as Annexures A (Colly.), Annexure B (Colly.) and Annexure C (Colly.) to the said affidavit. The copies of Form AOC-4 and Form MGT-7, evidencing the due filing of Balance Sheet and Annual Return, have also been placed on record. 23. In view of the aforesaid, the objections raised by the Regional Director stand satisfied. Thus, it is evident that neither the Regional Director nor the Official Liquidator has any objection remaining to the grant of relief, as prayed for by the petitioner, in the present petition. 24. It has been noted that no objections have been received to the Scheme from any other party. The Petitioner Companies, vide affidavit dated 07.04.2016, have submitted that neither the Petitioner Companies nor their counsel have received any objection pursuant to the citations published in the newspapers dated 19.03.2016. 25. In view of the foregoing, upon considering the approval accorded by the members and creditors of the Petitioner Companies to the proposed Scheme, and the affidavits filed by the Regional Director, Northern Region, Ministry of Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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