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2016 (5) TMI 495

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..... at the petitioners of both the petitions preferred Company Application No.68 of 2016 (by the Transferee Company) seeking prayers for the dispensation of the meetings of the Equity Shareholders, Secured Creditors, Unsecured Creditors and Unsecured Loan Holders. In Company Application No.69 of 2016 by the Transferor Company, prayers were made for the dispensation of the meetings of the Equity Shareholders, Unsecured Creditors and Unsecured Loan Holders. Upon considering the submissions and documents placed on record, this Court, vide separate orders dated 22.02.2016, allowed the prayers and disposed of the applications. The said orders are produced at Exhibit "D". 4. The Petitioners, thereafter, preferred the present petitions. This Court ad .....

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..... e common affidavit of the Regional Director, at paragraph 2(c) it is submitted that no specific comment has been received from the Income Tax Department about the proposed Scheme. It is further submitted that, no reply has been received from the Income Tax department in this regard. At paragraph 2(d) it is submitted that, there are no complaint against the Petitioner companies, including any complaint/ representation against the Scheme of Amalgamation of the petitioner companies has been received. 9. It is submitted that, the report of the Official Liquidator states at paragraph 16, that the affairs of the Petitioner company have not been conducted in a manner prejudicial to the interest of its members or to the public interest in terms of .....

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..... tioned. The prayers made at paragraph11( a) in both the petitions are granted. 13. The petitioners are directed to pay costs of Rs. 7,500/each to Mr.Devang Vyas, learned Assistant Solicitor General of India and the PetitionerTransferor Company is directed to pay costs of Rs. 7,500/to the office of the Official Liquidator. 14. Filing and issuance of drawn up orders are dispensed with. All the concerned authorities to act on this order along with the Scheme and schedule of assets as shall be authenticated by the Registrar, High Court of Gujarat. The petitioners are directed to lodge the copy of this order as on the date of this order and Scheme and schedule of assets, duly authenticated by the Registrar, High Court of Gujarat. The Registrar .....

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