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2021 (8) TMI 1056

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..... mber (J) 1. It is submitted by Ld. counsel appearing for the Applicant(s) that the Applicant No. 1, Applicant No. 2 and Applicant No. 3 are under the Jurisdiction of this Bench and that Applicant No. 4 is under the Jurisdiction of the Hyderabad Bench, of the NCLT. 2. The instant application has been filed in the first stage of the proceedings under Section 230(1) read with Section 232(1) of the Companies Act, 2013 ( Act ) for orders and directions with regard to meetings of shareholders and creditors in connection with the Scheme of Amalgamation for amalgamation of ARADHANA DEALER PRIVATE LIMITED being the Applicant No. 2 above named ( Transferor Company No. 1 or Applicant No. 2 ) and DHANKUBAR TIE-UP PRIVATE LIMITED, being the App .....

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..... their consent to the Scheme by way of affidavits which are annexed to the application. 5. It is further submitted that Secured Creditors of Applicant No. 1 representing 100% value of the Secured Creditors have already given their consent to the Scheme by way of affidavits which are annexed to the application. 6. It is further submitted that Unsecured Creditors of Applicant No. 1 representing 94.36% value of the Unsecured Creditors have already given their consent to the Scheme by way of affidavits which are annexed to the Application. 7. It is further submitted that there is no requirement of meeting of Secured Creditors and Unsecured Creditors of Applicant No. 2 and Applicant No. 3 and in view of NIL Creditors verified by auditors .....

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..... ompanies Act, 2013 along with all accompanying documents, including a copy of the aforesaid Scheme and statement under the provisions of the Companies Act, 2013 shall also be served on the: a. Regional Director, Eastern Region, Ministry of Corporate Affairs, Kolkata; b. Registrar of Companies with whom the Applicant(s) are registered; c. Official Liquidator; High Court Calcutta d. Income Tax Department having jurisdiction over the Applicant(s) clearly indicating PAN of the Company concerned by sending the same by hand delivery through special messenger or by post or by email within two weeks from the date of receiving this order. The notice shall specify that representation, if any, should be filed before this Tribunal within .....

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