TaxTMI 
TaxTMI 
2019 (4) TMI 1701
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....feror Company- 1 and Star and Sitara IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH CA (CAA) No. 294/230- 232/2019 Wellness Limited, The Transferor Company- 2 and Shubham Business Ventures Private Limited, the Transferee Company. 2. The Counsel for the Applicant Companies further submits that the First Transferor Company is engaged in the business of running of retail outlets, departmental stores and malls and dealing in all types of merchandise and articles. 3. The Counsel for the Applicant Companies further submits that the Second Transferor Company is engaged in the business of operation and management of wellness centers. 4. The Counsel for the Applicant Companies further submits that the Transferee Company is engaged in th....
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.... Applicant Companies to be held as aforesaid, a notice convening the said Meeting at the place, day, date and time aforesaid, together with a copy of the Scheme, a copy of the Explanatory Statement required to be sent under Section 230 of the Companies Act, 2013 and the prescribed Form of Proxy, shall be sent by registered post or by air mail or by courier or by speed post or by hand delivery to each of the Equity Shareholders of the Applicant Companies at their respective registered or last known addresses or by e-mail to the registered e-mail address of the Equity Shareholders as per the records of the Applicant Companies. 9. At least 30 clear days before the Meeting of the Equity Shareholders of the Applicant Companies to be held as a....
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....ing shall be Ms. Komal Birmiwala, Practicing Company Secretary (Membership No. A39718). 12. Mr. Jayesh Merchant, Authorized Signatory failing him Mr. Ajay Gurav, Authorized Signatory failing him Mr. Arun Agrawal, Authorized Signatory of the Applicant Company No.2 is appointed as the Chairperson for the meeting of Equity Shareholders of the Applicant Company No.2. The Scrutinizer for the meeting shall be Ms. Komal Birmiwala, Practicing Company Secretary (Membership No. A39718). 13. Mr. Jayesh Merchant, Authorized Signatory failing him Mr. Ajay Gurav, Authorized Signatory failing him Mr. Arun Agrawal, Authorized Signatory of the Applicant Company No.3 is appointed as the Chairperson for the meeting of Equity Shareholders of the Applican....
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....tory records are disputed, the Chairperson of the Meeting shall determine the value for the purpose of the aforesaid meeting and his decision in that behalf would be final. 18. The Chairpersons to file an affidavit not less than seven days before the date fixed for the holding of the meeting and do report this Tribunal that the direction regarding the issue of notices and advertisement have been duly complied with as per Rule 12 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 19. The Chairpersons to report to this Tribunal, the result of the aforesaid meeting within 10 (Ten) working days of the conclusion of the meeting, and the said report shall be verified by his Affidavit as per Rule 14 of the Companies ....
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....eeting of the Equity Shareholders is proposed to be held in accordance with the provisions of Section 230 (1) (b) of the Companies Act, 2013. This bench hereby directs the Applicant Company No.3 to issue notice to its Unsecured Creditor as required under section 230 (3) of the Companies Act, 2013 with a direction that they may submit their representations, if any, to the Tribunal and copy of such representations shall simultaneously be served upon the Applicant Company No.2. 25. That Counsel for the Applicant Company No. 3 submits that since the scheme is an arrangement between the Applicant Company No.3 and their respective shareholders only a meeting of the Equity Shareholders is proposed to be held in accordance with the provisions of....
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....ection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 28. At least 30 clear days before the date fixed for hearing, Applicant Company No.1 to 2 to serve the notice of hearing of Application upon the Official Liquidator, High Court, Bombay pursuant to Section 230(5) of the Companies Act, 2013. The Tribunal is appointing Chartered Accountant, M/s. T. K. Doctor & Co., with remuneration of Rs. 50,000/- for the services. If no response is received by the concerned Tribunal from Official Liquidator within 30 days it may be presumed that Official Liquidator, High Court, IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH CA (CAA) No. 294/230- 232/2019 Bombay has no objection to th....