TMI Blog2016 (12) TMI 1562X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Scheme of Amalgamation be drawn in accordance with law and its certified copy be filed with the Registrar of Companies within 30 days from the date of receipt of the same. - CP No.232 of 2015 (O&M) connected with CP No.207 of 2015 - - - Dated:- 6-12-2016 - MR. RAKESH KUMAR JAIN, J. For The Petitioner : Mr.Anand Chhibber, Sr. Advocate, with Ms.Riya Bansal, Advocate For The Respondent : Mr.D.K. Singh, Official Liquidator. RAKESH KUMAR JAIN, J. This petition is filed under Sections 391-394 of the Companies Act, 1956 [for short the Act ] and Rule 9 of the Companies (Court) Rules, 1959 [for short the Rules ], duly supported by affidavits of the Petitioner-Transferor and Transferee Company, seeking sanction of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving that the affairs of the company are conducted in the manner not prejudicial to the members or to the public interest. However, the report, by way of an affidavit/representation of A.K. Chaturvedi, Regional Director, Northern Region, Ministry of Corporate Affairs, New Delhi, dated 12.05.2016 has been placed on record, in which he has raised following queries in paras 10, 11 13 : - 10. That the deponent states that the Registrar of Companies vide his above referred report has informed that the Transferee company has not appointed Whole Time Company Secretary, thus there is a prima facie violation under Section 383A of the Companies Act, 1956. Registrar of Companies, Delhi has been instructed to take up the matter of non-complia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Vishnu Arora, s/o Naresh Arora, bearing membership No.39881, who resigned from the Company on 16th December, 2015 and the Company is in process to appoint a new Company Secretary. The E-Form filed by the Transferee Company for the resignation of Mr.Vishnu Arora along with its challan was also attached with the affidavit submitted with the Ld. Regional Director. That in any case even after the present amalgamation, the Transferee Company will continue to be in existence. The Transferee Company undertakes to deal with any noncompliance, if any left after the present amalgamation, in accordance with law. A copy of affidavit filed by the Transferee Company with the offices of the Regional Director, Northern Region, is annexed herewith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by this Court: - Mr.Thakur has submitted that since the transferee company was not maintaining the registered office, therefore a penalty of Rs. 1 lac was imposed by the Registrar of Companies. He prays for two weeks time to revert back after paying the said penalty. Adjourned to 18.11.2016. Learned counsel for the petitioner-Companies has produced an affidavit of Dharam Pal, Whole Time Director of the Transferor Company dated 15.11.2016 stating that the Transferor Company and its Directors have deposited the penalty amount with the appropriate authority with respect to the penalty order dated 15.09.2016, subject to the outcome of the appeal filed by the Transferor Company before Regional Director (NR), Ministry of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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