2013 (10) TMI 1050

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....(hereinafter referred to as 'Petitioner Company' or the 'Transferor Company') with Doosan Chennai Works Private Limited (hereinafter referred to as 'Transferee Company'). 2. The registered office of the Petitioner/Transferor Company is situated at New Delhi, within the jurisdiction of this Court. The registered office of the Transferee Company is situated at Chennai, outside jurisdiction of this court. 3. Details with regard to the date of incorporation of Petitioner/Transferor Company, its authorized, issued, subscribed and paid up capital have been given in the petition. 4. Copy of the Memorandum and Articles of Association as well as the latest audited Annual Accounts for the year ended 31.03.2011 along with the unaudited Provis....

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....to the Regional Director, Northern Region and the Official Liquidator. 10. Citations were also directed to be published in 'Indian Express' (English edition) and 'Nav Bharat Times' (Hindi edition). Affidavit of Service and Publication has been filed by the Petitioner showing compliance regarding service of the petition on the Regional Director, Northern Region and the Official Liquidator, and also regarding publication of citations in the aforesaid newspaper on 10.6.2012. Copies of the newspaper cuttings, in original, containing the publications have been filed along with the Affidavit of Service. 11. Pursuant to the notices issued, the Office Liquidator sought information from the Petitioner/Transferor Company. Based on the informati....

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.... Regional Director states to Doosan Chennai Works Private Ltd. being the Transferee Company which is incorporated under the provisions of the Companies Act, 1956 having its registered office in Chennai. Separate proceedings with regard to the Transferee Company in the High Court of Madras at Chennai are under progress. As a part of the High Court proceedings in Chennai, notices have been served to Regional Director (RD) and Regional Registrar of Companies (RoC). Without prejudice to the above, it is also submitted in the rejoinder that the approval of the Scheme in terms of Section 391-394 of the Act is a 'Single Window Clearance' and no further fact on the part of Transferee Company is required to be done after the approval of the Scheme, ....

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....tor, attached with this Court to the proposed Scheme of Amalgamation, there appears to be no impediment to the grant of sanction to the Scheme of Amalgamation. Consequently, sanction is hereby granted to the Scheme of Amalgamation under Sections 391 and 394 of the Companies Act, 1956. The petitioner/Transferor Company will comply with the statutory requirements in accordance with law. Certified copy of the order will be filed with the Registrar of Companies within 30 days from the date of receipt of the same. In terms of the provisions of Sections 391 and 394 of the Act, and in terms of the Scheme, the whole of the undertaking, the property, rights and powers of the Petitioner/Transferor Company be transferred to and vest in the Transfer....