TMI Blog2015 (12) TMI 1715X X X X Extracts X X X X X X X X Extracts X X X X ..... of GEA Pharma Systems (India) Private Limited (GPSIN) ("the Transferor Company") merger with GEA Process Engineering (India) Private Limited (GPIN) ("the Transferee Company") the applicant Company is proposed under Sections391 to 394, read with Sections100 to 103 of the Companies Act, 1956 ("the Act", for short). 2. In this regard, the present application is filed by the applicant GEA Process Eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose of considering and if thought fit, approving with or without modification(s), the proposed Scheme of Amalgamation of GEA Pharma Systems (India) Private Limited (GPSIN) ("the Transferor Company") merger with GEA Process Engineering (India) Private Limited (GPIN) ("the Transferee Company") the applicant Company may be dispensed with. (c) That leave may be granted to the Company to present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t will, in fact, be placed in a better position visavis their security, postPage amalgamation. The copy of the certificate of the Chartered Accountant in this regard is annexed as AnnexureE. 4. Considering the above facts and circumstances and the submissions advanced by the learned advocate for the petitioner, and looking to the consent letters produced at page Nos.32 to 35 (AnnexureD) of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant Company. The Transferee Company will fulfill all its liabilities towards its creditors in the normal course of business. The attention of the Court is drawn to the Certificate dated 30.11.2015 issued by the Chartered Accountant (AnnexureE). 6. Considering the above facts and circumstances, it is held that the approval of the Creditors of the Transferee Company is not necessary and the meetin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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