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2020 (6) TMI 711 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAISanction of Amalgamation Scheme - Section 230(5) of the Companies Act, 2013 and Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 - HELD THAT:- The meeting of the Unsecured Creditors of the Applicant Companies is dispensed with in view of the said Unsecured Creditors will not be affected by the proposed Scheme of Merger by Absorption as no arrangement is envisaged with them. Further, this Bench hereby directs the Applicant Companies to issue notice to their Unsecured Creditors as specified in section 230(3) of the Companies Act, 2013, with the direction that they may submit their representation, if any, to the Tribunal and copies of such representation shall simultaneously be served upon the respective Applicant Companies. The notice be sent by Registered Post AD/Speed Post/Email as may be feasible in view of the lockdown owing to the Covid-19 pandemic. It shall be the responsibility of the Applicant Companies to ensure that the Creditors as indicated above are put on notice regarding the Scheme, so that they may take an informed decision thereon. The Applicant Companies shall serve notice in the prescribed form pursuant to Section 230(5) of the Companies Act, 2013 and as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. If no response is received by the Tribunal from such Authorities, within a period of 30 (Thirty) days from the date of receipt of such notice, it will be presumed that such authorities have no representation/objection to the Scheme. The Applicant Companies shall file a compliance report with this Tribunal that the direction regarding issue of notices, have been duly complied with.
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