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2019 (3) TMI 1629 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATASanction of the Tribunal to the Scheme of Amalgamation - merger/amalgamation - no reduction of capital - proceedings pending under Section 235 to 251 of the Companies Act, 1956 and Section 217, 219, 221, 224 and 225 of the Companies Act, 2013 against any of the applicant companies - HELD THAT:- If no response is received by the Tribunal from the above authorities within 30 days of date of receipt of the notice it will be presumed that such authorities have no objection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 - That the Transferee Company and Transferor Company shall affirm by way of affidavit that no investigation or proceedings under the Companies Act 1956 or Companies Act, 2013 have been instituted or are pending in relation to the amalgamating and amalgamated companies. If consent affidavits of the members and unsecured creditors annexed with the application are found to be false/dubious at any stage then necessary action for committing fraud under Section 447 and 448 of the Companies Act, 2013 shall be initiated against the Transferee Company and Transferor Company and and all its directors for punishment under Section 449 of the Companies Act, 2013. Application disposed off.
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