TaxTMI 
TaxTMI 
2021 (12) TMI 1112
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....e of Amalgamation is between Neuation Technologies Private Limited (For brevity - Transferor Company) with Accumax Lab Devices Private Limited (For brevity - Transferee Company) and their respective Shareholders and Creditors. 2. Affidavits in support of the above application have been sworn by Bhupendra Shah on behalf of both the applicant companies being the authorized representative of both the applicant companies authorized vide board resolution dated 23.09.2021 for the respective applicant companies. 3. It is also represented that the registered office of both the applicant companies is situated within the territorial jurisdiction of Registrar of Companies, Ahmedabad, Gujarat, which is falling under the jurisdiction of this Tribunal.....
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..... The Issued, Subscribed and Paid-up Share Capital of the Company is Rs. 9,25,41,680/- which is divided into 92,54,168 equity shares of Rs. 10/- each. 7. The transferee company is engaged in the business of manufacture, appliances used in medical, surgical, dental or veterinary sciences and sight testing, testing equipment, diagnostic equipment, testing tools, testing machines, laboratory appliances, instruments, scientific instruments, apparatus, imaging machines, its spare parts and accessories and tools and also to provide after-sales services for such appliances, equipments, and tools. 8. Both the Applicant Companies have filed their respective Memoranda and Articles of Association inter alia delineating their object clauses along wit....
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.... shareholders are annexed with the application. Hence, the company is seeking dispensation for holding/convening the meeting of equity shareholders. b) There is 1 secured creditor and certificate from Chartered Accountant certifying list of the secured creditor is annexed. The secured creditor has given consent by way of affidavit for the proposed composite scheme of amalgamation. Hence, the company is seeking dispensation for holding/convening the meeting of the secured creditor. c) There are 3 unsecured creditors and certificate from Chartered Accountant certifying list of the unsecured creditors is annexed. All the unsecured creditors have given their consents by way of affidavits for the proposed composite scheme of amalgamation. Henc....
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.... Convening of the meeting of a secured creditor of the company is hereby dispensed with. c. With respect to Unsecured Creditors: Convening of the meeting of unsecured creditors of the company is hereby dispensed with. ii) In relation to the Transferee Company: a. With respect to Equity Shareholders: Convening of the meeting of equity shareholders of the company is hereby dispensed with. b. With respect to Secured Creditors: Convening of the meeting of secured creditor of the company is hereby dispensed with. c. With respect to unsecured Creditors: There are no unsecured creditors. Hence, convening of the meeting of unsecured creditors is obviated. 16. In compliance with Section 230(5) of the Act and Rule 8 of the CAA Rul....