TMI Blog2018 (10) TMI 1904X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-2018 - CHIEF JUSTICE (Rtd.) SHRI M.M. KUMAR, HON BLE PRESIDENT AND MS. DEEPTI MUKESH, MEMBER (JUDICIAL) For the Applicant : Mr. Sandeep Kumar, CS ORDER M.M. KUMAR, PRESIDENT 1. This is an application filed by the applicant companies under Sections 230 to 232 and other applicable provisions of the Companies Act, 2013 (for brevity The Act ) read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (for brevity The Rules ) in relation to the Scheme of Amalgamation (for brevity the SCHEME ) proposed amongst the applicants. The said Scheme is also annexed [Annexure A ]. In terms of Sections 230 and 232 of the 2013 Act following prayers have been made for orders:- 1. Dispensing with require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s contemplated under Section 230(2) of the Act. Learned Company Secretary has taken us through the averments made in the application as well as the typed set of documents annexed there with. It is further represented that the application filed by the applicants is maintainable in view of Rule 3(2) of the Rules and Learned Company Secretary also represented that the registered offices of the applicant companies are situated within the territorial jurisdiction of this Tribunal and fall within domain of Registrar of Companies, NCT, New Delhi. 4. In relation to the Applicant Company No. 1 in the Scheme, it has been represented that company has three Equity Shareholders, no Secured Creditor and no Unsecured Creditor. All the shareholders hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of Registrar of Companies, NCT, New Delhi as well as that of this Tribunal. 8. We have perused the application and the connected documents filed along with the Scheme of Amalgamation contemplated between the Companies. 9. Applicant Company No. 1 was incorporated in the state of Delhi under the provisions of Companies Act, 1956 on 26.12.1996 under the name MJI TECH PRIVATE LIMITED . The authorised share capital of the Amalgamating Company is Rs One Crores only divided into Ten Lakhs equity shares of Rs. Ten each. The paid-up share capital of the Company is Rs. Sixty One Lakhs only divided into Six Lakh Ten Thousand equity shares of Rs. Ten each. 10.Applicant Company No. 2 was incorporated in the state of Delhi under the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In relation to the Applicant Company No.1: i. With respect to Shareholders: It is represented by the Applicant Company that there are 3 Shareholders in the Company all of whom have placed their consents in the form of affidavits. Therefore the necessity of convening and holding a meeting is obviated. ii. With respect to Secured Creditors: Since it is represented that there is no Secured Creditor in the Company, the necessity of convening and holding a meeting is obviated. iii. With respect to Unsecured Creditors: Since it is represented that there is no Unsecured Creditor in the Company, the necessity of convening and holding a meeting is obviated. B. In relation to the Applicant Company No.2 : i. With respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplex, New Delhi-110 003, Registrar of Companies at 4 Floor, IFCI Tower, 61, Nehru Place, New Delhi-110 019; the Official Liquidator, Lok Nayak Bhavan, 8 Floor, Khan Market, New Delhi -110 001; the office of the Income Tax Department, Income Tax Officer, Ward - 7(4), Central Revenue Building, IP Estate, New Delhi-110 002 and Office of the Income Tax Department, Income Tax Officer, Additional Commissioner of Income Tax, Special Range-4, Central Revenue Building, IP Estate, New Delhi-110 002. The notices to Income Tax authorities shall disclose sufficient details like PAN card numbers, ward numbers and assessing officers so that timely and proper reply may be filed. The application stands allowed in the aforesaid terms. - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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