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TMI Blog2019 (12) TMI 1585X X X X Extracts X X X X X X X X Extracts X X X X ..... Company Petition is allowed and the Scheme of Amalgamation annexed with the Petition is hereby Sanctioned. The Scheme approved shall be binding on the Shareholders, Creditors and Employees of the Companies involved in this Scheme. The Appointed date of the Scheme is 01.04.2018. The scheme is approved - application allowed. - CAA-134/ND/2019 In CA (CAA) 53(ND)/2019 - - - Dated:- 12-12-2019 - Ch. Mohd Sharief Tariq, Member (Judicial) And Kapal Kumar Vohra, Member (Technical) For the Petitioner(s) : Mr. Manoj Sharma, Mr. Rajiv Malik, Mr. Sanjay Dua, Mr. Anuj Sood, Advocates. For the OL : For the RD : Ms. Chetna Kandpal, CP. For the IT : Mr. Zoheb Hussain. ORDER Per: CH. MOHD SHARIEF TARIO, ME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f hearing as well as other consequential directions in terms of provision of Section 230-232 of the CA, 2013 r/w Rule 16 of the Rules, 2016, are fulfilled as per the Order of this bench dated 09.10.2019. 5. The Transferor Company is a private limited Company, incorporated on 13.09.1994, under the Companies Act, 1956 (Act 1956) bearing Company Identification Number (CIN) U74899DL1994PTC061425, having its Registered Office at 414, 401 Floor, DDA Commercial Complex, Distt. Center, Janakpuri-New Delhi -110058. The Transferee Company is a private limited company incorporated on 30.08.1999 under the Act, 1956 bearing CIN U74140DL1999PTC101345, is having its registered office at 414, 4th Floor, DDA Commercial Complex, Distt. Centre, Janakpuri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reserve Bank of India (RBI). Further, in Para 9 the RD in its affidavit has submitted that Petitioner Companies have filed Annual Returns and Balance Sheet upto 31.03.2019 and no prosecution, inspection and investigation has been filed or been conducted in respect of the Petitioner Companies. 10. In reply to the observation made by the RD in para 10 of its Affidavit, the Petitioner Companies have filed an affidavit in the shape of an undertaking and stated that the Transferee Company undertakes to comply and pay the fee, stamp duty if any for the enhanced Authorized Capital subsequent to the amalgamation and will file the requisite forms with the concerned Registrar of Companies (RoC). 11. The Official Liquidator (OL) in his Repor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report is submitted by the Income tax Department (IT). The counsel for 1.T. has submitted that there is no objection to the Scheme under consideration. 14. The Clause 4.5. of Part II of the Scheme provides that all the employees who are on payrolls of the Transferor Company shall be deemed to have become employees of the Transferee Company on such terms and conditions as are no less favourable than those on which they are currently engaged by the Transferor Company, without any interruption of service as a result of amalgamation. In addition, all the existing welfare Schemes including Provident Fund, Gratuity etc. created by the Transferor Company shall be continued on the same terms and conditions. 15. The Clause 6 of Part II of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be made as per the mandate of law. 19. The Companies to the said Scheme or other person (s) interested shall be at liberty to apply to this Bench for any direction that may be necessary with regard to the working of the said Scheme. 20. A certified copy of this Order shall be filed with the concerned RoC within 30 days of the receipt of this Order. 21. The Transferor Company shall be dissolved without winding up from the date of the filing of the certified copy of this Order with the concerned Registrar of Companies. 22. Upon receiving the certified copy of this Order, the RoC concerned is directed to place all documents relating to the Transferor Company with that of the Transferee Company and the files relating to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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