9911796707
TMI Blog2019 (12) TMI 1404X X X X Extracts X X X X X X X X Extracts X X X X ..... "Transferee Company") under section 230-232 of Companies Act, 2013, and other applicable provisions of the Companies Act, 2013 read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 in relation to the Scheme of Amalgamation (hereinafter referred to as the "SCHEME") proposed between the applicants. The said Scheme is also annexed as Annexure "2" to the application. The Applicant Companies in this Join Company Application has sought for the following reliefs: Equity Shareholders Secured Creditors Unsecured Creditors Transferor Company - 1 To dispense with the meeting NIL NIL Transferor Company - 2 To dispense with the meeting NIL To dispense with meet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tamps, (Amendment) Act, 2019, stipulates that an affidavit, including an affirmation or declaration in the case of a person by law allowed to affirm or declare instead of swearing, should be on a One Hundred Rupees Non -Judicial Stamp Paper. 3. In this context it is relevant to refer to Section 230(9) of the Companies Act, 2013, wherein it states that the Tribunal may dispense with calling of meeting of creditor or class of creditors where such creditors or class of creditors, having at least ninety per cent value, agree and confirm, by way of an 'Affidavit', to the scheme of compromise or arrangement. Thus, a creditor who deposes by way of an affidavit, does agree and confirm his assent to the Scheme of Amalgamation, which squarel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Form No. NCLT.2 and in case of an interlocutory application, the same shall be filed in Form No. NCLT. 1 accompanied by such attachments thereto along with Form No. NCLT. 3 (4) Every petition or application including interlocutory application shall be verified by an affidavit in Form No. NCLT. 6 Notice to be issued by the Tribunal to the opposite party shall be in Form NCLT. 5 Thus, Rule 33(4) of the NCLT Rules, 2016 mandates that every petition or application shall be verified by an Affidavit in Form No. NCLT. 6. From the records, it is seen, no affidavit has been annexed along with the Application to verify the contents of the Application. 6. The Importance of Affidavit has been dealt with in case of M/s. Sukhwinder Pal Bipan Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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