TMI Blog2021 (5) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... mber (J) 1. The Court convened via video conferencing. 2. The instant application has been filed by the applicants for amendment in the scheme of amalgamation in C.P. (CAA) NO. 779/KB/2019. 3. The Learned Counsel for the applicants submits as follows: (a) The applicants had filed a joint application being C.A. (CAA) NO. 980/KB/2018 for dispensation of meetings of the Equity Shareholders of the Applicant nos. 1, 2, 3, 4, 5 and 6 and for dispensation of meeting of the unsecured creditors of the applicant nos. 2, 3, 4, 5 and 6. The applicant no. 1 has no unsecured creditors. There are no secured creditors in any of the applicant companies. (b) The said application was allowed by an order dated 04.03.2019. The applicants there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 4 and 6 have agreed in writing to the proposed amended Scheme of Amalgamation and have also consented to waive the holding and convening of the meeting of Unsecured Creditors and have filed their individual affidavits. The list of Unsecured Creditors and consent affidavit of the Unsecured Creditors of Applicant nos. 2, 3, 4, and 6 are annexed at pages 110 to 126 of the application. The sole Unsecured Creditor of the applicant no. 5 have also consented to waive the holding and convening of the meeting of the Unsecured Creditors and have filed individual affidavit. The list of Unsecured Creditor and consent of the Unsecured Creditor of the applicant no. 5 are annexed at pages 29 to 32 of the supplementary affidavit dated February 10, 2021. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de on behalf of the Petitioners the proposed amendment is allowed and the applicant nos. 1, 2, 3, 4 and 6 are directed to file the amended petition along with amended scheme of amalgamation within 2 weeks from the date of this order. Comp. Appl. No. 1400/KB/2020 is accordingly disposed of. 6. The applicants are further directed to serve notice of the amended petition along with amended scheme of amalgamation to the Central Government through the Regional Director, Eastern Region, Registrar of Companies, West Bengal, the Income Tax Department, the Official Liquidator, High Court at Calcutta and the Reserve Bank of India. 7. The said amended petition in C.P. (CAA) NO. 779/KB/2019 shall be returnable on 15.06.2021 for final hearing, subj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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