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TMI Blog2020 (1) TMI 1397X X X X Extracts X X X X X X X X Extracts X X X X ..... a copy of the Scheme with the concerned Registrar of Companies, electronically, along with E-form INC 28 in addition to the physical copy, within 30 days from the date of receipt of the order by the Registry, duly certified by the Deputy Director or the Assistant Registrar, as the case may be, of the National Company Law Tribunal, Mumbai Bench. - C.P.(CAA)/4682/MB/2019 C.A.(CAA)/1284/MB/2019 - - - Dated:- 31-1-2020 - Hon ble Smt. Suchitra Kanuparthi, Member (Judicial) And Hon ble Shri V. Nallasenapathy, Member (Technical) For the Petitioner : Mr. Rajesh Shah, Adv. with Mr. Ahmed M Chunawala Adv. For the Regional Director : Ms. Rupa Sutar, Deputy Director ORDER Per : Suchitra Kanuparthi, Member ( Judicial ) 1. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been conducted in a proper manner and the Scheme is not prejudicial to the interest of the public or the shareholders. Accordingly, the Transferor Company may be ordered to dissolve without winding up. 7. The averments made in the Company Scheme Petition and the submissions made by the Learned Advocate for the Petitioners are: (i) The Petitioner Companies had complied with all requirements as per directions of the Tribunal and they have filed necessary Affidavits of compliance with this Tribunal. Moreover, the Petitioner Companies undertakes to comply with all statutory requirements, if any, as required under the Companies Act, 2013 and the Rules made there under whichever is applicable. (ii) The Regional Director has filed his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any have to undertake to comply with the section 232(3)(i) of the Companies Act, 2013, where the transferor company is dissolved, the fee, if any, paid by the transferor company on its authorised capital shall be set-off against any fees payable by the transferee company on its authorised capital subsequent to the amalgamation and therefore, petitioners to affirm that they comply with the provisions of section. (iii) As far as the observations made in paragraph IV (a) of the Report of Regional Director is concerned, the Petitioner Companies undertake that in addition to complying with of AS-14(IND AS-103); the Transferee Company undertakes to pass such accounting entries which are necessary to comply with all other applicable Accountin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions issued vide circular no. F. No. 7/12/2019/CL-I dated August 21, 2019 issued by the Ministry of Corporate Affairs. (v) As far as observations made in paragraph IV (c) of the Report of Regional Director is concerned, the Petitioner Companies undertake to comply with the provisions of Section 232(3)(i) of the Companies Act, 2013 regarding set-off of fees paid by the Transferor company against any fees payable by the Transferee Company on its authorized capital subsequent to the Scheme. 8. The observations made by the Regional Director have been explained by the Petitioners in Para 7(iii) to 7(v) above and the same has been filed by way of a Supplementary Affidavit in Rejoinder to the Report filed by the Regional Director with th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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