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2020 (9) TMI 516 - Tri - Companies LawSanction of Amalgamation Scheme - section 230(1)(b) of the Companies Act, 2013 - HELD THAT:- This Bench is of the view that the meeting of the equity shareholders and creditors of the Transferee Company can be dispensed with since all the Transferor Companies are wholly-owned subsidiary of the Transferee Company. The Counsel for the Applicant Companies further clarifies that the Transferee Company will file petition and comply with the provisions of service of notices upon all Regulatory Authorities. The Applicant Companies to serve notice of the present Application along with its enclosures upon:- (i) concerned Income Tax Authority within whose jurisdiction the Applicant Companies’ assessments are made clearly indicating the PAN of the concerned company (PAN of First Applicant Company: AAACM3648P, PAN of Second Applicant Company: AAACP9345A, PAN of Third Applicant Company: AAACR5880Q, PAN of Fourth Applicant Company: AADCS9305C and PAN of Fifth Applicant Company: AAACT8968M) (ii) the Central Government through the office of Regional Director (Western Region), Ministry of Corporate Affairs, Mumbai (iii) Registrar of Companies, Maharashtra, Mumbai, and any other applicable regulatory authority pursuant to section 230(5) of the Companies Act, 2013 and 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 proposed Scheme. The Transferor Companies are also directed to serve notice along with a copy of the Scheme upon the Official Liquidator, High Court, Bombay, pursuant to section 230(5) of the Companies Act, 2013 and as per rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016.
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