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TMI Blog2020 (9) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... dered at the time of final disposal of the Company Petition. The Applicant Companies to serve the notice upon (1) the Central Government through the office of the Regional Director (Western Region), Ministry of Corporate Affairs, Mumbai; (2) Registrar of Companies, Maharashtra, Mumbai; and (3) the Income Tax Authority within whose jurisdiction the Applicant Companies are assessed to tax, clearly indicating PAN of the company concerned; pursuant to section 230(5) of the Companies Act, 2013 and as perrule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. If no response is received by the Tribunal from such authorities within thirty days of the date of the receipt of the notice, it will be presumed that they have no objection to the proposed Scheme. The Applicant Companies shall file compliance report with the registry in regard to the directions given in this Order in lieu of customary affidavit of service, due to lockdown situation prevailing now proving service of notices to the regulatory authorities as stated above and do report to this Tribunal that the directions regarding the issue of notices have been duly complied with. - CA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t fit, approving with or without modifications the proposed Scheme. 8. A meeting of the Equity Shareholders of the Fourth Transferor Company shall be convened through video conferencing or other audio-visual means on 03.09.2020 at 02:30 PMand shall be conducted as per MCA General Circular No.20/2020 for the purpose of considering and, if thought fit, approving with or without modifications the proposed Scheme. 9. A meeting of the Equity Shareholders of the Fifth Transferor Company shall be convened through video conferencing or other audio-visual means on 03.09.2020at03:30PMand shall be conducted as per MCA General Circular No.20/2020 for the purpose of considering and, if thought fit, approving with or without modifications the proposed Scheme. 10. A meeting of the Equity Shareholders of the Transferee Company shall be convened through video conferencing or other audio-visual means on 03.09.2020 at 4:30 PMand shall be conducted as per MCA General Circular No.20/2020 for the purpose of considering and, if thought fit, approving with or without modifications the proposed Scheme. 11. The arrangements for the meetings shall be made by the respective Applicant Companies. If ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company shall be Ms Aditi Vohra, Practising Company Secretary having membership No.A54593 and Certificate of Practice No.20483 and her remuneration is fixed at ₹5,000/- (Rupees five thousand only)/-. 16. Mr Pawan Khandelwal (DIN: 00428596), director of the Company shall be the Chairperson of the meeting of equity shareholders of the Second Transferor Company and failing him, Mr. Manish Khandelwal (DIN: 00428530) shall be the alternate Chairperson of the said meeting. The Scrutiniser for the meeting of the Second Transferor Company shall be Ms Aditi Vohra, Practising Company Secretary having membership No.A54593 and Certificate of Practice No.20483 and her remuneration is fixed at ₹5,000/- (Rupees five thousand only)/-. 17. Mr Pawan Khandelwal (DIN: 00428596), director of the Company shall be the Chairperson of the meeting of equity shareholders of the Third Transferor Company and failing him, Mr. Manish Khandelwal (DIN: 00428530) shall be the alternate Chairperson of the said meeting. The Scrutiniser for the meeting of the Third Transferor Company shall be Ms Aditi Vohra, Practising Company Secretary having membership No.A54593 and Certificate of Practice No.20483 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies shall be as prescribed under section 103 of the Companies Act, 2013. 23. The voting by proxy or authorised representative in case of body corporate be permitted, provided that a proxy in the prescribed form/authorisation duly signed by the person entitled to attend and vote at the meeting, is filed with the Applicant Company concerned at its respective Registered Office, not later than forty-eight hours before the aforesaid equity shareholders meeting as required under rule 6 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 24. The value and number of shares of each member shall be in accordance with the booksof the Applicant Company concerned and where the entries in the books are disputed, the Chairperson of the meeting shall determine the value for the purpose of the aforesaid meeting and his decision in that regard would be final. 25. The Chairpersonsabovenamed shall file an affidavit not less than seven days before the date fixed for holding the meeting of the shareholders and report to this Tribunal that the directions regarding the issue of notices, advertisement and hosting on the website of the Applicant Company concerned have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as perrule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. If no response is received by the Tribunal from such authorities within thirty days of the date of the receipt of the notice, it will be presumed that they have no objection to the proposed Scheme. 30. Additionally, the Transferor Companies to serve the notice upon the Official Liquidator, High Court, Bombay pursuant to section 230(5) of the Companies Act, 2013. The Tribunal hereby appoints M/s H.K. Dedhia Co, Chartered Accountants having their office at Vijay Nagar, Room No.62 (2ndFloor), Dadar (West), Mumbai 400 028 [email: [email protected], Tel: 022-24300807]on a consolidated remuneration of ₹30,000/- (Rupees thirty thousand only) for the services. The remuneration of the chartered accountants appointed for this purpose shall be borne by the Transferor Companies jointly. If no response is received by the Tribunal within thirty days of the receipt of the notice, it will be presumed that the Official Liquidator, High Court, Bombay has no objection to the proposed Scheme, as per rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 31. The Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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