9911796707
TMI Blog2019 (6) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... adversely affect the rights of any of the creditors of any of the applicant companies in any manner whatsoever. In the application that the Statutory Auditors of the Transferee Company have certified that the Accounting treatment proposed in terms of clause 14 of PART-V of the Scheme is in conformity with the Accounting Standards prescribed under Section 133 of the Companies Act, 2013 read with Rule 7 of the Companies (Accounts) Rules, 2014 and other Generally Accepted Accounting Principles - date of hearing of the petition filed jointly by the Petitioner for the sanction of the Scheme is fixed on Monday, the 29th July, 2019. Petition directed to be listed for further hearing on Monday, the 29th July, 2019. - CP (CAA) No. 749/ KB/ 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 4th March, 2019 in Company Application No. C.A ( CAA) No. 1074/KB/2018, a copy of which is annexed as Annexure ' H ' (pages 148 to 156) to this application, has recorded that - a) In view of the consents given in affidavit by all shareholders of the Transferee Company and Transferor Company convening and holding of separate meetings of the shareholders of Applicant Companies are dispensed with. b) In view of the fact that the Transferee Company and Transferor Company have NIL Secured Creditors verified by Auditors Certificate, the question of holding separate meeting of secured creditors of Transferee Company and Transferor Company does not arise. c) In view of the consent given in affidavit form by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor's Report as on 31.03.2018 of all Petitioner Companies are annexed with the application marked as Annexure C and, Annexure E respectively. (iv) Copy of Board Resolution passed in the meeting of the Board of Directors of the Transferee Company and the Transferor Company held on Monday, the 30th day of July, 2018 approving the Scheme of Amalgamation is annexed marked as Annexure J . (v) Copy of Certificate from Chartered Accountant specifying list of shareholders of the Transferor Company and the Transferee Company, duly certified by the Statutory Auditors are annexed marked as Annexure F and Annexure l respectively. vi) In terms of the order dated 4th March, 2019 notice in Form CAA. 3 along with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany have certified that the Accounting treatment proposed in terms of clause 14 of PART-V of the Scheme is in conformity with the Accounting Standards prescribed under Section 133 of the Companies Act, 2013 read with Rule 7 of the Companies (Accounts) Rules, 2014 and other Generally Accepted Accounting Principles. Copy of the said certificate issued by the Statutory Auditors is annexed with the application marked as Annexure - 9. We have heard the arguments of the Ld. Counsel and the Ld. Practising Chartered Accountants for the Petitioners. In view of absence of any objection and since all the requisite compliance has been fulfilled, the following order is passed:- ORDER a) The date of hearing of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esentations, if any should be filed before this Tribunal within 30 days of date of receipt of the notice with a copy of such representations being sent simultaneously to the petitioners and / or their Authorised Representatives. If no such representations is received by the Tribunal within the said period, it shall be presumed that such authorities have no representations to make on the Scheme of Amalgamation. 10. The Company Petition No. CP (CAA) No. 749/KB/2019 connected with C.A. (CAA) No. 1074/KB/2018 is directed to be listed for further hearing on Monday, the 29th July, 2019. 11. Urgent photostat copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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