TMI Blog2016 (4) TMI 1017X X X X Extracts X X X X X X X X Extracts X X X X ..... in terms of paragraph 16 (a) of the Company Petition No. 36 of 2016 and paragraph 16 (a) of the Company Petition No. 37 of 2016 are granted.The petitions are disposed of, accordingly. So far as the costs to be paid to the Central Govt. Standing Counsel is concerned, the same are quantified at ₹ 7,500/per petition. The same may be paid to Mr.Devang Vyas, learned Assistant Solicitor General of India. Cost of ₹ 7,500/be paid to the Office of the Official Liquidator, by the Transferor Company. - COMPANY PETITION NO. 36, 37 of 2016, COMPANY APPLICATION NO. 23, 24 of 2016 - - - Dated:- 21-4-2016 - SMT. ABHILASHA KUMARI, J. FOR THE PETITIONER : MRS SWATI SOPARKAR, ADVOCATE FOR THE RESPONDENT : MR KSHITIJ AMIN, CENTRAL GOV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m being placed on record. There are no Secured or Unsecured Creditors of the Petitioner Company. 4. Substantive petitions were filed and were admitted vide order dated 28th January 2016. The public notices for the same were duly advertised in the English daily newspaper Indian Express and the Gujarati daily newspaper Sandesh , both Surat editions, dated 11th February 2016. The publication in the Government gazette was dispensed with. Affidavits dated 17th February 2016, confirm the same. No one has come forward with any objections to the said petitions even after the publication. This aspect has been further confirmed by the additional affidavit dated 19th April 2016. 5. Notice of the petition of the Transferor Company was served u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heme, all the liabilities of the Transferor Company shall be the liabilities of the Transferee Company. However, in the given case, it has been confirmed that the said outstanding amount of Service Tax shall be paid in due course, as per relevant applicable laws. 7. Similarly, the attention of the court is drawn to paragraph 13 of the report of the Official Liquidator. It is reported that the Chartered Accountant appointed by him has observed that the Appointed Date, as proposed in the said Scheme viz. 16th March 2016, does not seem to be logical. It has been submitted on behalf of the petitioners that in view of the said observation, the Board of Directors of the Petitioner companies have reconsidered the issue and have decided to modif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ains to letter dated 16th February 2016, sent by the Regional Director to the Income Tax Department inviting their objections, if any. Since the statutory period of 15 days as envisaged by the relevant circular of the Ministry of Corporate Affairs is over, and no response has been received from the Income Tax Department, it can be presumed that the Income Tax Department has no objection to the proposed Scheme of Arrangement. The petitioner companies have agreed to comply with the applicable provisions of the Income Tax Act and rules. The Regional Director has confirmed that there are no complaints received against the petitioner companies in the office of the Registrar of Companies and there are no other objections to the Scheme. 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to lodge a copy of this order, the detailed schedule of immovable assets of the Transferor Company and the Scheme duly authenticated by the Registrar, High Court of Gujarat, with the concerned Superintendent of Stamps, for the purpose of adjudication of stamp duty, if any, on the same within 60 days from the date of the order. 14. The Petitioner companies are directed to file a copy of this order alongwith a copy of the Scheme with the concerned Registrar of Companies, electronically, along with INC28 in addition to physical copy as per relevant provisions of the Act. 15. Filing and issuance of drawn up order is hereby dispensed with. 16. All concerned authorities to act on a copy of this order along with the Scheme duly a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
