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2021 (6) TMI 697 - Tri - Companies LawApproval of scheme of amalgamation - seeking dispensation of meetings of shareholders of both companies - seeking dispensation of the meetings of unsecured creditors of applicant transferor company - HELD THAT:- The value of the debts of the Secured Creditors and Unsecured Creditors, as the case may be shall be in accordance with the records or registers of the Applicant Companies and where the entries in the records or registers are disputed, the Chairman of the meetings shall determine the number of values, as the case may be, for the purposes of the meetings - The Chairman to file an affidavit not less than 7 days before the date fixed for the holding of the meetings and to report to this Tribunal that the directions regarding issuance of notices and advertisement of the meetings have been duly complied with as per Rule 12 of the Companies (CAA) Rules, 2016. In compliance of Sub-section (5) of section 230 and Rule 8 of the Companies (CAA) Rules, 2016, the Applicants Companies shall send a notice of meeting under Subsection (3) of Section 230 read with Rule 6 of the Companies (CAA) rules, 2016 in Form No. CAA.3 along with a copy of the scheme of arrangement and the disclosure mentioned under Rule 6, to (i) The Central Government through the Regional Director, North Western Region, (ii) the Registrar of Companies (Ahmedabad) (iii) the Income-tax authorities, (iv) the Reserve Bank of India (v) the Competition Commission of India and (vi) the Official Liquidator stating that representation, if any, to be made by them shall be made within a period of 30 days from the date of receipt of such notice, failing which it shall be presumed that they have no objection to make on the proposed scheme. The said notice shall be sent forthwith after notice is sent to the creditors of the Companies by registered post or by speed post or by courier or by hand delivery at the office of the authority as required by sub-rule (2) of rule 8 of the Companies (CAA) Rules, 2016. Application disposed off.
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