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TMI Blog2021 (1) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... apital and human resource management, focussed leadership, etc., which would be hampered if the delay prayed for is not condoned. As per the learned Counsel the delay has occurred due to inadvertence. In order that the Demerged and Resulting Companies can avail the benefits of the Scheme, it would be just and fair to condone the delay in filing the Order, along with the Corrigendum thereto, to the Registrar of Companies. Application is allowed by condoning the delay of 569 days in submission of the Order passed by this Tribunal dated 26.04.2018 along with the Corrigendum dated 05.07.2018 to the Registrar of Companies, Karnataka, with a further direction to the ROC to take appropriate action by accepting the eForm INC-28 filed by Demerged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) On consideration of the same, the Tribunal vide its Common Order dated 26th April, 2018 allowed the said Petition and a Corrigendum dated 05.07.2018 was also issued to the said Order. Further, vide the said Order, it is directed that the Petitioner Companies shall file a certified copy of the same to the Registrar of Companies, Karnataka within thirty days from the date of receipt of the Order. (3) It is stated that the Resulting Company on receipt of the said Order and the Corrigendum delivered the said Order along with Corrigendum to the ROC, Karnataka, Bangalore as an attachment to eForm INC-28 vide SRN H01914480 on 20.08.2018 within 30 days from the date of receipt of the Corrigendum. (4) However, inadvertently, the Deme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 26.04.2018. It is also seen that the Scheme of Arrangement was envisaged and approved so that the Resulting Company, which deals with software applications and solutions, would benefit by having a separate identity, its own capital and human resource management, focussed leadership, etc., which would be hampered if the delay prayed for is not condoned. As per the learned Counsel the delay has occurred due to inadvertence. In order that the Demerged and Resulting Companies can avail the benefits of the Scheme, it would be just and fair to condone the delay in filing the Order, along with the Corrigendum thereto, to the Registrar of Companies. 6. In view of the above, I.A. No. 135 of 2020 in C.P. (CAA) No. 81/BB/2017 is hereby all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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