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TMI Blog2020 (1) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... gamations) Rules, 2016 and the National Company Law Tribunal Rules, 2016, for the purpose of the approval of the Scheme of Amalgamation of both the transferor companies with the transferee company. Copy of the said Scheme of Amalgamation (hereinafter referred as "Scheme") has been placed on record. 2. The "Transferor Company No. 1", M/s. Himtaj Builders Private Limited was incorporated on 07.02.2011 under the provisions of Companies Act, 1956, having its registered office situated at 159, UGF Flat No. 4 K. No. 247/2, Chattarpur Enclave, Phase-2, New Delhi-110074. 3. The "Transferor Company No. 2", M/s. Verasity Dealers Private Limited was incorporated on 30.05.2007 under the provisions of Companies Act, 1956, having its registered office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed by the Tribunal dated 10.06.2019. A perusal of the affidavit discloses that the petitioners have effected the newspaper publication as directed in one issue of the 'Business Standard' English edition on 18.06.2019 as well as in 'Business Standard' Hindi edition on 18.06.2019 in relation to the date of hearing of the petition. Further, the affidavit also discloses that copies of petition have been duly served to the Registrar of Companies, Regional Director, Northern Region, Official Liquidator and Income Tax Department in compliance of the order and in proof of the same acknowledgement made by the respective offices have also been enclosed. 8. The Regional Director has filed its representation on 21.08.2019 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation on the power of the Income tax Department for recovery of pending Income Tax dues, including imposition of penalties etc. as provided in law. 12. In the joint petition it has also been affirmed that no proceeding for inspection, inquiry or investigation under the provisions of the Companies Act, 2013 or under provisions of Companies Act, 1956 is pending against the Petitioner Companies. 13. Certificates of respective Statutory auditors of all the petitioner companies have been placed on record to the effect that Accounting Treatment proposed in the Scheme of Amalgamation is in conformity with the Accounting Standard notified by the Central Government as specified under the provisions of Section 133 of the Companies Act, 2013. 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon considering the approval accorded by the members and creditors of the Petitioner companies to the proposed Scheme, and the report filed by the Regional Director, Northern Region, Ministry of Corporate Affairs, official liquidator and in the absence of any objection against the Scheme; there appears to be no impediment in sanctioning the present Scheme. 19. Consequently, sanction is hereby granted to the Scheme under Section 230 to 232 of the Companies Act, 2013. 20. The Petitioners shall however remain bound to comply with the statutory requirements in accordance with law. 21. Notwithstanding the above, if there is any deficiency found or, violation committed qua any enactment, statutory rule or regulation, the sanction granted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date immediately preceding the date on which the scheme takes effect, i.e. the effective date shall become the employees of the transferee company on such date without any break or interruption in service and upon terms and condition not less favorable than those subsisting in the concerned Transferor Company on the said date. vi. That Petitioner companies shall within thirty days of the date of the receipt of this order cause a certified copy of this order to be delivered to the Registrar of Companies for registration and on such certified copy being so delivered both the Transferor Companies shall be dissolved and the Registrar of Companies shall place all documents relating to both the Transferor Companies registered with him on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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