2019 (11) TMI 1648

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....altors Private Limited, (2) Nigam Housing Private Limited, (3) Nigam Projects Private Limited, (4) Nigam Realtors Private Limited, (5) One Point Tradelink Private Limited and (6) Step Up Commerce Private Limited [hereinafter referred to as the Transferor Companies] with ABS Portfolio Private Limited [hereinafter referred to as the Transferee Company] for obtaining sanction of this Tribunal to the Scheme of Amalgamation proposed to be made between the Transferor Companies and Transferee Company and their respective shareholders. A copy of the Scheme of Amalgamation has been annexed with the application as Annexure AC. 2. The object of this application is to ultimately obtain sanction of this Tribunal to the Scheme of Amalgamation pro....

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....f any of the creditors of any of the applicant companies in any manner whatsoever. 6. It is stated in the application that no proceedings are pending under Section 235 to 251 of the Companies Act, 1956 and Section 210-225 of the Companies Act, 2013 against any of the applicant companies. 7. It is stated in the application that the applicant companies have obtained certificates from Statutory Auditors to the effect that the accounting treatment contained in the Scheme is in conformity with the accounting standards specified under Sec.133 of the Companies Act, 2013. Copy of the certificates annexed to the application as Annexure AF. 8. It is stated in the application that there being no secured creditors in the applicant companies, c....

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....fact that there are NIL secured creditors in the applicant companies, convening and holding of separate meetings of the secured Creditors of the applicant companies is dispensed with. iv. The petitioner companies shall serve notice of the petition on the following authorities, namely, (1)(a) Central government through Regional Director, Eastern Region, Ministry of Corporate Affairs, (1)(b) Registrar of Companies, West Bengal, (1)(c) The Income Tax Department of the office having jurisdiction over the respective petitioner companies, (2)(a) Although the applicants have submitted that such amalgamation does not come within the purview of the provisions of Competition Act, 2013 relating to competition, however, as required by the....