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TMI Blog2021 (11) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (J) And Hemant Kumar Sarangi, Member (T) For the Appellant : Hirak Mukhopadhyay and Varan Yadav, Advs. For the Respondents : Hemlata Rawat and Aayushmaan Vatsyayana, Advs. ORDER Hemant Kumar Sarangi, Member (T) 1. This application has been jointly filed by the Applicant Companies under Sections 230 and 232 of the Companies Act, 2013 read with the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 and the National Company Law Tribunal Rules, 2016, and under Section 66 of the Companies Act for the subsequent reduction of the Share Capital of the Transferee Company, duly supported by separate affidavits of the Applicant Companies, for seeking appropriate directions for dispensing with the holding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Companies Act, 1956 on 9th October 2013 in the name and style of Fortum Finnsurya Energy Private Limited in the office of Registrar of Companies, NCT of Delhi and Haryana, under the Corporate Identification No. is U40300DL2013FTC259011. Its present authorized share capital is ₹ 1,50,00,00,000/- divided into 1,50,00,000 equity shares of ₹ 100/- each, while its issued, subscribed, and paid-up share capital of ₹ 4,01,00,000 divided into 4,01,000 equity shares of ₹ 100/- each. 6. It is submitted that the Transferee Company has 2 Equity Shareholders. It is represented by the counsel for Applicants that the transferee company has 3 secured as well as 2 unsecured Creditors. The certificates of chartered account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditors. 12. The certificates of statutory auditors of all the applicant companies confirming that the accounting treatment in the scheme is in compliance of and in conformity with Section 133 of the Companies Act, 2013 have been placed on record. 13. Taking into consideration the application filed jointly by the Applicant Companies the following directions are issued: A. In relation to Transferor Company i. With respect to Equity Shareholders: Meeting of the 2 equity shareholders is directed to be dispensed with as the 100% written consent has been obtained by way of affidavits for the proposed merger. ii. With respect to secured creditors: Meeting of the sole secured creditor is directed to be dispensed with a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or (Northern Region at B-2 Wing, 2nd Floor, Pt. Deendayal Antyodaya Bhawan (earlier known as Paryawaran Bhawan), C.G.O. Complex, New Delhi-110003; (ii) Registrar of Companies, N.C.T. of Delhi Haryana at 4th Floor, IFCI Tower, 61, Nehru Place, New Delhi-110019; (iii) Income Tax Department through its nodal office at Lawyer's Chamber, Block 1, Room Nos. 428 429 Delhi High Court, New Delhi and the jurisdictional assessment office of the Petitioner Companies; (iv) SEBI at SEBI Bhavan BKC, Plot No. C4-A, 'G' Block, Bandra-Kurla Complex, Bandra (East), Mumbai-400051, Maharashtra; (v) NSE at Exchange Plaza, C-l, Block G, Bandra-Kurla Complex, Bandra (East) Mumbai-400051, Maharashtra; (vi) BSE at Phiroze Jeejeebhoy Towers, Dalai Str ..... X X X X Extracts X X X X X X X X Extracts X X X X
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