2019 (10) TMI 1413

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....br>JUSTICE S. J. MUKHOPADHAYA, CHAIRPERSON, JUSTICE VENUGOPAL M., MEMBER (JUDICIAL) AND JUSTICE JARAT KUMAR JAIN, MEMBER (JUDICIAL) For the Appellant : Mr. Sudipto Sarkar, Senior Advocate with Ms. Sonali Mathur, Ms. Roopali Singh, Mr. Aman Sharma, Ms. Neeraja Balakrishnan, Advocates For the Respondent : Mr. Sanjay Shorey, Director, Mr. R.K. Tiwari, JD Mr. Balooni, AD for R-1 ORDER 'Qub....

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.... been demerged into 'QDCPL' and onwards. Accordingly, 'UFO Moviez' (Appellant herein) and New Investors were to purchase the shares of the Sellers through SPA. The SPA was not part of the scheme, and was only described (i) to ensure accurate representation of the post-merger shareholding structure of UFO; and (ii) disclose the relevant linkage and steps contemplated in relation to the entire trans....

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....s 230-232 of the Companies Act, 2013 before 'National Company Law Tribunal', Mumbai. Before the 'National Company Law Tribunal', Mumbai the Appellant(s) brought to their notice that all the procedures prescribed u/s 230 and 232 of the Companies Act, 2013 were followed. This was noticed by the 'National Company Law Tribunal' Mumbai. However, by impugned order dated 21st January, 2019, the 'Natio....

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....ar, Learned Counsel for the Appellant submits that even if the Appellate Tribunal allow 'Merger', it will not be given effect to, because of certain financial changes made during the pendency of the petition of this Appeal. It is to be re-worked and fresh date is to be notified after following the procedure. In view of the stand taken by the parties and taking into consideration the facts of th....