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TMI Blog2020 (10) TMI 1179X X X X Extracts X X X X X X X X Extracts X X X X ..... roval of the Scheme of Amalgamation of Transferor Company into TransfereeCompany. 2. A perusal of the petition discloses that the First Motion joint application was filed before this Tribunal vide CA (CAA)-184(ND)2019 and based on such application moved under Sections 230-232 of the Companies Act, 2013, directions were issued by this Tribunal, wherein the meetings of the Equity Shareholders of all the Petitioner Companies and Unsecured Creditors of the Petitioner Company No.3 were dispensed whereas in absenceof secured creditors of all the petitioner companies and unsecured creditors of the petitioner company no 1 and petitioner company no 2,the necessity of convening andholding the meeting did not arise. 3. Thereafter 2nd motion petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed its report on 29.06.2020 wherein no specific objection has been raised against the approval of the scheme. It is submitted in the report that the Official Liquidator has not received any complaint against the proposed scheme from any person/party interested in the scheme in any manner and that the affairs of the transferor companies do not appear to have been conducted in a manner prejudicial to the interest of its members or to public interest. 7. The Income Tax Department has filed its report on 05.06.2020 wherein no specific objection has been raised against the approval of the scheme. As per ITBA system, no demand is outstanding and no proceedings are pending against the petitioner companies. 8. All the petitioner companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iolation committed qua any enactment, statutory rule or regulation, the sanction granted by this court to the scheme, will not come in the way of action being taken, albeit, in accordance with law, against any of the concerned person, director and officials of the petitioners. 13. While approving the scheme as above, we further clarify that this order should not be construed as an order in any way granting exemption from payment of stamp duty, taxes, GST, or any other charges, if any, and payment in accordance with law or in respect to any permission/ compliance with any other requirement which may be specifically required under any law. 14. THIS TRIBUNAL DO FURTHER ORDER(S): a) That both the transferor companies shall stand dissolved wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e transferor companies on the said date. g) That petitioner companies shall within thirty days of the date of the receipt of this order cause a certified copy of this order to be delivered to the Registrar of Company for registration and on such certified copy being so delivered all the transferor companies shall stand dissolved and the Registrar of Company shall place all documents relating to all the transferor company registered with him on the file kept by him in relation to the transferee company and the files relating to all the petitioner companies shall be consolidated accordingly; and h) That any person interested shall be at liberty to apply to the tribunal in the above matter for any directions that may be necessary. The petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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