TMI Blog2019 (11) TMI 1648X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies Act, 2013. Copy of the certificates annexed to the application as Annexure AF. It is stated in the application that all the Unsecured Creditors have given their written consent by way of affidavit to the proposed Scheme of Amalgamation. The affidavit of consent and the Auditor s certificate certifying the list of Unsecured Creditors is annexed to the application as Annexure-AA2 - the shareholders of the applicant companies have given their consents by way of affidavit with respect to the approval of the Scheme, as such, calling and holding of meetings of shareholders of the applicant companies be dispensed with. In view of absence of any objection and since all the requisite compliance has been fulfilled, the scheme is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ptimal utilisation of resources; c) Reduce legal and regulatory compliance; d) Create enhanced value for all stakeholders of the respective companies; e) Reorganise businesses to streamline ownership structure, optimise for operational efficiency, rationalise for cost and since both the companies are situated in West Bengal, a single state. It is stated in the application that the Board of Directors of the applicant companies have, at their Board Meetings held on 224 January 2019 passed resolution approving the Scheme of Amalgamation to amalgamate Transferor Companies with Transferee Company. Copy of the Board Resolution of each of the applicant companies are annexed with the application as Annexure AD. 4. It appears from the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annexed to the application as Annexure-AA2. 10. It is stated in the application that the shareholders of the applicant companies have given their consents by way of affidavit with respect to the approval of the Scheme, as such, calling and holding of meetings of shareholders of the applicant companies be dispensed with. 11. (Heard Ld. Counsel for the applicants. In view of absence of any objection and since all the requisite compliance has been fulfilled, the following order is Passed:- ORDER i. In view of the consents given in affidavit form by all the shareholders of the Transferee Company and Transferor Companies requirement of convening and holding of separate meetings of the shareholders of the Transferee Company and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... likely to be affected by the proposed Scheme of Arrangement by sending the same by hand delivery through special messenger or by registered post or speed post within 7 days from the date of this order for filing their representations, if any, on the petition. Notice along with the copy of the application and other related documents with PAN Numbers of the Applicant Companies should be served upon the Chief Commissioner of Income Tax Department by e mail and Speed Post or by Messenger. Petitioner Companies are also directed to mention their respective PAN Number everywhere. v. The Applicants shall file affidavit within 14 days of serving the notice regarding the service of notice. vi. If no response is received by the Tribunal from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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