9911796707
TMI Blog2022 (5) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... lia seeking an order to dispense with convening the meeting of the Shareholders, Secured Creditors and Unsecured Creditors of the Applicant Companies for consideration of the Scheme of Amalgamation ("Scheme" for short) between the Applicant Companies and their respective shareholders and creditors as envisaged under the Scheme. 2. The Registered Offices of the Applicant Companies are situated in the State of Andhra Pradesh and therefore, they are within the jurisdiction of this Tribunal. 3. Brief facts leading to the filing of the present case are as follows: a) The Applicant/Transferor Company-1 was incorporated as a private limited company on 01.12.2006. The Authorised Share Capital is Rs. 16,00,00,000/- divided into 1,60,00,000 equit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Rs. 32,00,000/- divided into 3,20,000 equity shares of Rs. 10/- each. The main objects of the Company are to carry on the business to manufacture or production of or dealing in all types of LPG Tanks, Conversion kits, multivalves and High Security Licenses Plates, distribution and trading of LPG Tanks, import and export the LPG Tanks, conversion kits, assemblies, assembly parts and other accessories to assemble and manufacture LPG Tanks and conversion kits etc. d) The Applicant/Transferee Company was incorporated as a private limited company on 12.10.1982. The Authorised Share Capital is Rs. 2,00,00,000/- divided into 20,00,000 equity shares of Rs. 10/- each. The issued, subscribed and paid-up share capital is Rs. 2,00,00,000/- divided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed certificate of the Auditor stating that as on 25.01.2022 there are Two (2) Shareholders together holding 4,00,000 equity shares and they have given their consent in the form of affidavits, agreeing to the proposed Scheme. 10. The Applicant/Transferor Company-2 has filed certificate of the Auditor stating that as on 25.01.2022 there are Three (3) Unsecured Creditors having a debt of Rs. 1,86,45,289.89/- and have given its consent in the form of affidavit, agreeing to the proposed Scheme. 11. The Applicant/Transferor Company-3 has filed certificate of the Auditor stating that as on 25.01.2022 there are Six (6) Shareholders together holding 3,20,000 equity shares and they have given their consent in the form of affidavits, agreeing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it agreeing to the proposed Scheme of Amalgamation. Hence the meeting of the Unsecured Creditors of the Applicant Companies can be dispensed with, in terms of Section 230(9) of the Act. 19. In compliance of sub-section (5) of Section 230 of the Act and Rule 8 of the Companies (CAA) Rules, 2016, the applicant companies shall send notice under sub-section (3) of Section 230 read with Rule 6 of the Rules with a copy of the Scheme, the explanatory statement and the disclosures mentioned in Rule 6 to (a) the Central Government through the Regional Director, South Eastern Region; (b) the Registrar of Companies, Andhra Pradesh; (c) the Income Tax Authorities; and (d) the Official Liquidator. The said notices be sent either by Registered Post or b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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