Condonation of delay in second motion petition followed by admission of composite amalgamation scheme with notice directions

Delay in filing the second motion petition was condoned after the Tribunal accepted the explanation that both counsel had died due to Covid-19. The composite scheme of amalgamation petition was then admitted for consideration on merits, with directions for notice, newspaper publication, service on statutory authorities, and filing of an affidavit of service before the hearing date.

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Issues: (i) Whether the delay in filing the second motion petition could be condoned. (ii) Whether the petition for approval of the composite scheme of amalgamation should be admitted with directions for notice and publication.

Issue (i): Whether the delay in filing the second motion petition could be condoned.

Analysis: The application for condonation was made under the tribunal's procedural powers, and the explanation offered was the death of both counsel due to Covid-19. On that basis, the delay was accepted as sufficiently explained for the purpose of proceeding with the scheme petition.

Conclusion: The delay was condoned.

Issue (ii): Whether the petition for approval of the composite scheme of amalgamation should be admitted with directions for notice and publication.

Analysis: The petition was filed under the scheme provisions governing compromise, arrangement and amalgamation. After condoning delay, the petition was taken up for admission and the Tribunal issued the usual procedural directions for hearing, newspaper publication, service on statutory authorities, and filing of affidavit of service before the hearing date.

Conclusion: The petition was admitted and the requisite directions for notice, publication, and service were issued.

Final Conclusion: The scheme petition was allowed to proceed on merits, with the delay condoned and procedural steps directed for consideration of the proposed amalgamation.

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