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2017 (5) TMI 1517 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHIScheme of amalgamation - Certificate from the Company's Auditor in relation to compliance of the accounting standards prescribed under Section 133 - Held that:- In conclusion taking into consideration the provisions of the Companies Act, 2013 this Tribunal, in the absence of the required certificate from the Company's auditor as contemplated under proviso to sub-section (7) of Section 230 as well as proviso to sub-section (3) of Section 232 is not in a position to accord its sanction to the Scheme as proposed amongst the Petitioner Companies and the same is liable to be rejected. However keeping in mind that the Petition and Scheme was filed before the Hon'ble High Court of Delhi under the erstwhile provisions of the Companies Act, 1956 and the above joint petition being a transferred matter there from, in the interest of justice, an opportunity is being provided to each of the petitioner companies to obtain the Certificate from the respective company's auditor in terms of proviso to sub-section (7) of Section 230 as well as proviso to sub-section (3) of Section 232 within a period of two weeks from the date of this order failing which the petition shall stand rejected. List the matter on 22.5.2017 if compliance is reported.
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