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2019 (11) TMI 1648 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCHSanction of scheme of amalgamation - Section 230 - 232 of the Companies Act, 2013 - HELD THAT:- It is stated in the application that no proceedings are pending under Section 235 to 251 of the Companies Act, 1956 and Section 210-225 of the Companies Act, 2013 against any of the applicant companies, and the applicant companies have obtained certificates from Statutory Auditors to the effect that the accounting treatment contained in the Scheme is in conformity with the accounting standards specified under Sec.133 of the Companies Act, 2013. Copy of the certificates annexed to the application as Annexure AF. It is stated in the application that all the Unsecured Creditors have given their written consent by way of affidavit to the proposed Scheme of Amalgamation. The affidavit of consent and the Auditor’s certificate certifying the list of Unsecured Creditors is annexed to the application as Annexure-AA2 - the shareholders of the applicant companies have given their consents by way of affidavit with respect to the approval of the Scheme, as such, calling and holding of meetings of shareholders of the applicant companies be dispensed with. In view of absence of any objection and since all the requisite compliance has been fulfilled, the scheme is approved - application allowed.
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