9911796707
TMI Blog2017 (6) TMI 1306X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petition. 2. The sanction of the tribunal is sought under Sections 230 to 232 of the Companies Act, 2013 and sections 391 to 394 of the Companies Act, 1956 to a Scheme of Amalgamation between Bandra Properties Private Limited ('Transferor Company I ') and Bandra Construction Private Limited ('Transferor Company 2') with Sunder Bhawar Holiday Homes Private Limited (Formerly known as 'Sheth Landmarks Private Limited') ('SBHPL' or 'the Transferee Company') and their respective shareholders. 3. Learned counsel or the Petitioner Companies states that all the Petitioners are presently engaged in the business Of owning real estate properties and the learned counsel for the Petitioners states that the me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies have been conducted in a proper manner and that both the Transferor Companies may be ordered to be dissolved without winding up by this Hon'ble Tribunal. 8. The Regional Director, Western Region, Mumbai has filed his Report on 26th April, 2017 stating therein that save and except as stated in paragraph IV of the said Report, it appears that the Scheme is not prejudicial to the interest of shareholders and public. Paragraph IV, of the said Report reads as follows: 1. The tax implication if arising out of the scheme is subject to the final decision of IncomeTax Authorities. The approval of the scheme by this Hon 'bel Tribunal may not deter the Income Tax Authority to scrutinize the tax return filed by the transferee Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Petitioner/Transferee Company has already filed Certificate by the Company Auditor through further affidavit at NCLT, Mumbai Branch in CSP No.229 of 2017. 11. So far as the observation in paragraph IV (4) of the Report of the Regional Director is concerned, the Learned Counsel for the Petitioner Companies submits that the Petitioner Companies have already annexed the Chairman's Report as Exhibit 'G' to the respective Petitions. 12. The observations made by the Regional Director, Western Region, Mumbai, in the office of Regional Director, Ministry of Corporate Affairs, Western Region Mumbai have been explained by the Petitioner Companies in Para 9 to Il above. The clarifications and undertakings given by the Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
