TaxTMI 
TaxTMI 
2021 (1) TMI 1026
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....ions fully stated in the Scheme of Amalgamation which is annexed and marked with the letter "J" to this petition. 2. Sridhar Agro Product Private Limited ("SAPPL") was incorporated on 25^th day of March, 1997 as a Private Limited Company limited by shares under the provisions of the Companies Act, 1956 and CIN is U51101CT1 997PTC011778. The authorized Share capital of "SAPPL" is Rs. 10,00,000/- (Rupees Ten Lakhs) divided into 1,00,000 equity shares of Rs. 10/- each. The issued, subscribed and paid up share capital is Rs. 9, 14,000/ (Rupees Nine Lacs Fourteen Thousand) divided into 91,400 equity shares of 10/- each. 3. Anant Intercontinental Private Limited ("AIPL") was incorporated on 25^th May, 2012 as a Private Limited Company limited by shares under the provisions of the Companies Act, 1956 and CIN is U27310CT2012PTC000365. The authorized share capital of "AIPL" is Rs. 1,40,00,000/- (Rupees One Crore Forty Lacs ) divided into 14,00,000 equity shares of 10/- each. The issued, subscribed and paid up share capital is Rs. 1,07,00,000/- (Rupees One Crore Seven Lacs) divided into 10,70,000 equity shares of Rs. 10/- each fully paid up. 4. Sponge Enterprises P....
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....sferor Company No. 2. 11. It is further submitted by the petitioners that the Scheme does not provide (contain any clause) for any kind of corporate debt restructuring. 12. It is further submitted by the petitioners that the assets of the applicant companies are sufficient to meet all their liabilities. The applicant companies have made due provisions for payment of all liabilities as and when the same will fall due. Further, the said Scheme of Amalgamation does not involve any compromise or composition with the creditors of the applicant companies and scheme will not affect the rights of the creditors of the applicant companies in any manner whatsoever. 13. This Tribunal has passed an Order dated 06th January, 2020 in the said Company Petition, directed publication to be affected of the hearing of the Petition, issuance of the notices of this Petition to the concerned statutory authorities for their objections, if any. 14. It has been stated that notice of petition was served upon the Central Government, Statutory Authorities and publications of notice of petition was made in two newspapers- "Central Chronicle" on 13/01/2020 and "Amrit Sandesh" ....
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....m the authorized signatory of the Applicant Company and duly competent to file this affidavit. I am filing this affidavit in response to the Report of Regional Director dated 19.09.2019. 2. With regard to para 2 (c), I say and undertake that the applicant transferee company will pay the different of amount of fees which is payable on the enhanced authorized capital of Rs. 1,65,00,000/- as on date and the total payable amount of fees which have already been paid by all the petitioner companies at the time of registration/increase in authorized capital and will comply with the provisions of Section 232 (2) (i) of the Companies Act, 2013 and pay fees accordingly, if required. 3. With regard to Para 2 (e), I say and submit that, Sponge Enterprise Private Limited (SEPL) is more famous in the group companies and very famous so far as export business of this company is concerned and therefore, the applicants have preferred to keep the name of transferor company 2. I further say and submit that, necessary forms will be filed with the Registrar of Companies and also necessary fees/stamp duty, as applicable, will be paid to the Registrar of Companies/other autho....
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....ursuant to Section 230 to 232 of the Companies Act, 2013 be transferred to and become the liabilities and duties of the said Transferee Company. (iv) That all proceedings and/or suits and/or appeals now pending by or against the Transferor Companies shall be continued by or against the Transferee Company. (v) That the name of transferee Company shall be changed into name of the Transferor Company No. 2, without making any application for change in name of the Company. (vi) That the transferee company do without further application allot to such members of the Transferor Companies herein the shares in the transferee company to which they are entitled as per the said scheme of amalgamations; (vii) That the Transferor Companies and the Transferee Company shall within 30 days after the date of the receipt of this Order, a certified copy of this Order to be delivered to the Registrar of Companies for registration respectively; (viii) The Transferor Companies shall be dissolved without winding up from the date of filing of the certified copy of this Order with the Registrar of Companies, Chhattisgarh and the Regis....