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2011 (6) TMI 668

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..... s the transferor company and the petitioner, M/s. Logitech Engineering and Designs India (P.) Ltd., in C. P. No. 69 of 2011, is the transferee company. These company petitions are filed by the petitioner-companies to sanction the scheme of amalgamation, under sections 391 to 394 of the Companies Act, 1956. 2. M/s. Lifesize Communications India (P.) Ltd., was incorporated on August 18, 2006, in th .....

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..... file a company petition for sanctioning the scheme of amalgamation. 4. There are no secured creditors for the transferor company and a certificate to this effect by the chartered accountant was filed in C. A. No. 248 of 2011. It is also reported that no investigations are pending against the transferor company under sections 235 to 251 or any other provisions of the Companies Act, 1956 and the un .....

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..... ove proposal is not acceptable and the transferee company is required to comply with the requirements of section 97 of the Act by filing Form No. 5 by remitting the required registration fees for the increased authorised capital." 6. This objection deserves to be rejected, in view of the law, laid down by the hon'ble Division Bench of this court, in the case of Regional Director, Ministry of Comp .....

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..... the interests of its members or to public interest or there were any transactions to attract the provisions of sections 542 and 543 of the Companies Act. 8. In C. A. No. 249 of 2011, this court was pleased to pass an order dispensing with the convening, holding and conducting of the meeting of the equity shareholders and permitted the transferee company to file a petition for sanctioning the sch .....

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