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2020 (5) TMI 40 - Tri - Companies LawSanction of scheme of amalgamation - transfer of business of the transferor company and all the properties, assets, rights and claim to the transferee company - sections 230(1) and 232 of the Companies Act, 2013 - HELD THAT:- In compliance with the order dated August 1, 2019 the petitioner-companies have filed affidavit of service affirmed on October 9, 2019 evidencing service of notice upon the Central Government through the Regional Director NER, Ministry of Corporate Affairs, Registrar of Companies, Shillong, Official Liquidator, Income-tax Department, Reserve Bank of India, by speed post and through hand delivery at their respective addresses - it is also revealed that the Regional Director, NER Ministry of Corporate Affairs has furnished his response by way of affidavit dated September 6, 2019 and has made observation in paragraph 2 stating, inter alia, therein that they have no objection to the proposed scheme of amalgamation - On further perusal of the record has revealed that the official liquidator pursuant to provisions of sections 230 to 232 of the Companies Act, 2013 read with rule 16 of the Companies (Compromise, Arrangement and Amalgamations) Rules, 2016 in respect of the petitioner/transferor company has furnished his response by way of affidavit on August 9, 2019 and has made observation in stating, inter alia, therein that he has no objection to the proposed scheme of amalgamation. In the view of the facts stated above in absence of any objection from the authorities concerned and since the requisite compliances have been fulfilled, the scheme of the amalgamation mentioned in this petition is sanctioned by this Bench to be binding with effect from April 1, 2018 on the transferor company and their shareholders and all concerned - petition disposed off.
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