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2020 (2) TMI 1334 - Tri - Companies LawSanction of Scheme of Amalgamation - Sections 230 to 232 of the Companies Act, 2013 - HELD THAT:- The Transferor Company is also directed to serve notice upon Official Liquidator, pursuant to section 230(5) of the Companies Act, 2013 and as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. The Tribunal is appointing M/s. Mehta & Singhvi & Associates, Chartered Accountants, 410, Kewal Industrial Estate, Senapati Bapat Marg, Lower Parel, Mumbai – 400013, Contact No.22-66096060/69, to assist the Official Liquidator to scrutinize the books of accounts of the said Transferor Company for the last 5 years and submit its representation / report to the Tribunal. The aforesaid Company to pay fees of ₹2,00,000/- for this purpose. If no representation / response is received by the Tribunal from Official Liquidator, Bombay within a period of thirty days from the date of receipt of such notice, it will be presumed that Official Liquidator has no representation / objection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. The Applicant Companies are accordingly directed to serve notices along with copy of scheme upon:- (i) concerned Income Tax Authorities within whose jurisdiction the Applicant Company’s assessments are made i.e. for the Transferor Company, Circle 1(3)(2), Mumbai, having PAN No. AABCW3823B, and for the Transferee Company, Circle 14(1)(2), Mumbai, having PAN No. AAACG3995M, (ii) the Central Government through the office of Regional Director, Western Region, Mumbai, (iii) Registrar of Companies, Mumbai (iv) Securities and Exchange Board of India (SEBI) (only in case of the Transferee Company), (v) BSE Limited (only in case of the Transferee Company), (vi) National Stock Exchange of India Limited (NSE) (only in case of the Transferee Company), (vii) Real Estate Regulatory Authority and any other applicable regulatory authority pursuant to Section 230(5) of the Companies Act, 2013 and as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, with a direction that they may submit their representations, if any, within a period of thirty days from the date of receipt of such notice to the Tribunal with copy of such representations shall simultaneously be served upon the Applicant Companies, failing which, it shall be presumed that the authorities have no representations to make on the proposals. The Applicant Companies to file affidavit of service of the directions given by the Tribunal in the Registry for service of notice to the regulatory authorities as stated above and do report to this Tribunal that the directions regarding the issue of notices have been duly complied with.
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