TMI Blog2020 (2) TMI 1339X X X X Extracts X X X X X X X X Extracts X X X X ..... y, pursuant to Section 230(5) of the Companies Act, 2013 and as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. The Transferor Companies are also directed to serve notice along with copy of the scheme upon Official Liquidator The Hon ble Tribunal is appointing M/s Gondalia Mandvilal, Chartered Accountants having their office at Hamam House , Ambalal Doshi Marg, Fort, Mumbai- 400023 with a remuneration of ₹ 45,000/- along with the applicable taxes for the services to assist the Official Liquidator to scrutinize books of accounts of the Amalgamating Company No.1 to Amalgamating Company No.6 for the last five years. The Applicant Companies to file affidavit of service in not less than 7 days after dispatch of notice, in the Registry with regard to proving dispatch of notices to the Regulatory Authorities as stated in clauses above and do report to this Tribunal that the directions regarding the issue of notices have been duly complied with - Application disposed off. - C.A.(C.A.A.)/3373/MB/2019 - - - Dated:- 20-2-2020 - Hon ble Smt. Suchitra Kanuparthi (Judicial) And Hon ble Shri Chandra Bhan Singh, Member (Technical) For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 25,00,000/- divided into 2,50,000 Equity Shares of ₹ 10/- each and the Issued, Subscribed and Paid-up Share Capital of the First Applicant Company is ₹ 9,60,000/- divided into 96,000 Equity Shares of ₹ 10/- each. b. The Authorised, Issued, Subscribed and Paid-up Share Capital of the Second Applicant Company is ₹ 1,00,000/- divided into 10,000 Equity Shares of ₹ 10/- each. c. The Authorised, Issued, Subscribed and Paid-up Share Capital of the Third Applicant Company is ₹ 5,00,000/- divided into 50,000 Equity Shares of ₹ 10/- each. d. The Authorised Share Capital of the Fourth Applicant Company is ₹ 4,00,000/- divided into 4,000 Equity Shares of ₹ 100/- each and the Issued, Subscribed and Paid-up Share Capital of the Fourth Applicant Company is ₹ 2,00,000/- divided into 2,000 Equity Shares of ₹ 100/- each. e. The Authorised Share Capital of the Fifth Applicant Company is ₹ 2,50,000/- divided into 2,500 Equity Shares of ₹ 100/- each and the Issued, Subscribed and Paid-up Share Capital of the Fifth Applicant Company is ₹ 1,25,200/- divided into 1,252 Equity Shares of ₹ 100/- each. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), Kanvai Investment Company Private Limited ( the Second Applicant Company ), Horizon Investment Company Private Limited ( the Third Applicant Company ), Sparkk Organics Private Limited ( the Fourth Applicant Company ), Temple Garment Manufacturing Company Private Limited ( the Fifth Applicant Company ), Kaabil Traders Private Limited ( the Sixth Applicant Company ) and New India Exports Private Limited ( Transferee Company or the Seventh Applicant Company ) states that all the Equity shareholders of the Applicant Companies have given their consent in writing to the proposed Scheme. The Consent Affidavits of the respective Equity Shareholders of all the Applicant Companies are annexed as Annexures ll to Annexures eee . In view of the consent affidavits filed by all the Equity Shareholders of all the Applicant Companies, the meetings of the Equity Shareholders of the respective Applicant Companies, for the purpose of considering and, if thought fit, approving the proposed Scheme with or without modification(s) are hereby dispensed with. 7. Counsel for the Sixth Applicant Company states that there is only one Preference Shareholder in the Sixth Applicant Company and as far a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive. d. The Seventh Applicant Company shall issue and allot to the Equity Shareholders of the Fourth Applicant Company whose names appear in the register of members on the Record Date 5 equity shares of the Seventh Applicant Company of ₹ 100/- each credited as fully paid up for every 1000 equity shares of the fourth Applicant Company of ₹ 100/- each held by the shareholder. e. The Seventh Applicant Company shall issue and allot to the Equity Shareholders of the Fifth Applicant Company whose names appear in the register of members on the Record Date 565 equity shares of the Seventh Applicant Company of ₹ 100/- each credited as fully paid up for every 1000 equity shares of the Fifth Applicant Company of ₹ 100/- each held by the shareholder. f. The Seventh Applicant Company shall issue and allot to the Equity Shareholders of the Sixth Applicant Company whose names appear in the register of members on the Record Date 1 equity share of the Seventh Applicant Company of ₹ 100/- each credited as fully paid up as token shares allotted due to the fair value of the Sixth Applicant Company being negative. Further 1 Preference Share of the Seventh Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice, it will be presumed that the Regional Director have no objection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 12. The Applicant Companies are directed to serve notices along with copy of scheme upon the Registrar of Companies, Mumbai, pursuant to Section 230(5) of the Companies Act, 2013 and as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. If no response received by concerned Tribunal from Registrar of Companies, Mumbai within a period of thirty days from the date of receipt of such notice, it will be presumed that the Registrar of Companies, Mumbai have no objection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 13. The Applicant Companies are directed to serve notice upon their respective concerned Income Tax Authority, pursuant to Section 230(5) of the Companies Act, 2013 and as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, following are the concerned Income Tax Authority of the Applicant Companies: Sr. No. Name of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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