2016 (2) TMI 1120

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..... This is a first motion (joint) application, which is moved by Haskoningdhv India Private Limited (Applicant no. 1/ Transferor Company No.1) and Haskoningdhv Consulting Private Limited (Applicant no. 2/ Transferee Company) under Section 391 and 394 of the Companies Act, 1956 (in short the 1956 Act) in connection with the proposed scheme of amalgamation (hereafter referred to as the scheme). A cop....

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....f Uttar Pradesh (UP) under the name and style : M.D.P. Consultants Private Limited. In 1997, the registered office of the transferee company was shifted from UP to Delhi. Thereupon, the name of the transferee company was changed twice, once to DHV India Private Limited in 2006, and then, with effect from 11.06.2013 to its present name viz., HaskoningDHV Consulting Private Limited. 5. The detail....

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.... company is also on record. 9. The status of the shareholders, and unsecured creditors of the applicants, as averred by them, and the consent obtained from them qua the scheme is set out in the table given below:- Company No. Of Shareholders Consent given No. Of unsecured creditors Consent given Transferor Company 2 2  46  39 (84.78% in number and 97.44% ....

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....n their consent. A scrutiny of the documents filed alongwith joint application has revealed that one of the unsecured creditors has given its consent to the scheme prior to the scheme being sanctioned by the BOD of the transferee company. Notwithstanding the aforesaid discrepancy, the percentage of consents in terms of value and number are as follows: 97.28% in value and 91.43% in number. 12. A....