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2017 (1) TMI 636

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..... ith the statutory requirements in accordance with law. A certified copy of the order, sanctioning the scheme, be filed with the ROC within thirty (30) day of its receipt. Resultantly, it is hereby directed that the Petitioner Companies will comply with all the provisions of the Scheme. - CO. PET. 635/2016 - - - Dated:- 6-1-2017 - Siddharth Mridul, J. For the Petitioner/Resultant company: Mr. Rajeev K. Goel, Advocate for Petitioner Companies Ms. Aparna Mudiam, Asst. ROC for the RD JUDGMENT Siddharth Mridul, J. 1. The present Petition has been filed jointly by Kishanpura Hotels Private Limited (hereinafter referred to as Demerged Company ) and Praraj Enterprises Private Limited (hereinafter referred to as Resultant .....

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..... #8377; 10/- each. 8. It has been stated on behalf of the Petitioner Companies that there are no proceedings pending against them, under Sections 235 to 251 of the Act and/or under their corresponding sections of the Companies Act, 2013. 9. It has been further stated on behalf of the Petitioner Companies that the Scheme has been approved by the respective Board of Directors (BOD) of the Petitioner Companies. Copies of the BOD resolutions dated 16.11.2015 have been filed and the same are on record. 10. The Copies of the Memorandum of Association and Articles of Association, of the Petitioner Companies, have been duly filed as Annexures to Company Application (Main) No. 78 of 2016, which earlier came to be filed by the Petitioner Comp .....

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..... order dated 19.07.2016, dispensed with the convening of meetings of Shareholders and Unsecured Creditors of the Demerged Company and Shareholders of the Resultant Company. 14. Pursuant to the same, the Petitioner Companies have filed the present Petition. Notice in this Petition was issued by this Court, by way of order dated 01.08.2016. Notice in the present petition was accepted on behalf of the Regional Director (RD), Northern Region. 15. Furthermore, vide order of this Court dated 01.08.2016, citations were directed to be published. It has been noted that Citations were published, on 29.08.2016, in Delhi Editions (Hindi as well as English editions) of the newspaper, namely, Business Standard , in compliance with the order of thi .....

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..... ncrease in the authorized share capital of the Resultant Company. 18. In view of the foregoing, Ms. Aparna Mudiam, Assistant ROC appearing on behalf of the Regional Director, states that no further objections remain to the grant of sanction to the Scheme. 19. The Petitioner Companies, vide affidavit dated 26.11.2016, have submitted that neither the Petitioner Companies nor their counsel have received any objection pursuant to the citations published in the newspapers on 29.08.2016. 20. In view of the foregoing and upon considering the approval accorded by the members and creditors of the Petitioner Companies to the Scheme; the affidavit filed by the Regional Director, Northern Region, Ministry, of Corporate Affairs; and the circums .....

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