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2014 (5) TMI 1219

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..... eror Company No.3), Home Coziness Resorts & Holidays Pvt Ltd ((Transferor Company No.4), Ebonics Consultancy Services Pvt Ltd. (Transferor Company No.5), A R Propmart Pvt Ltd(Transferor Company No.6), A R Overseas Links Pvt Ltd (Transferor Company No.7), Inventive Bio Energy Services Pvt. Ltd (Transferor Company No.8) and Hermes Educations Solutions Pvt Ltd (Transferor Company No.9)with TTJ Impex Pvt Ltd (Transferee company) (Collectively referred as the Petitioner Companies). A copy of the Scheme has been enclosed with the petition. 2. The registered offices of all the Petitioner Companies are situated at New Delhi, within the jurisdiction of this Court. 3. The details of respective dates of incorporation of the petitioner companies, the .....

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..... ublication has been filed by the Petitioners showing compliance regarding service of the Petition on the Regional Director, Northern Region and the Official Liquidator, and also regarding publication of citations in the aforesaid newspaper. Copies of the newspaper cuttings, in original, containing the publications have also been filed along with the Affidavit of Service. 9. Pursuant to the response to notice issued, the Official Liquidator sought information from the Petitioner Companies. Based on the information received, learned Official Liquidator has filed his report dated 15th April, 2014, wherein he has stated that he has not received any complaint against the proposed Scheme from any person/party interested in the Scheme in any mann .....

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..... owever there is no mention as to whether these companies are registered with Reserve Bank of India as NBFC, if so, these Companies have obtained no objection from the RBI with regard to the proposed Scheme of Amalgamation. Despite notice, no comments have been received from the Income Tax Authorities. 12. Mr Rajeev Goel, Learned Counsel for the Petitioner Companies, submitted that none of the Transferor and Transferee Companies are required to be registered with the RBI as a non banking finance company. Hence, question of obtaining "No Objection‟ from the RBI for the proposed Scheme of Amalgamation does not arise. He further clarified that even for a company registered with the RBI as a NBFC, obtaining "No Objection‟ from the R .....

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..... mpany in respect of any liability that may arise on account of sanction of the Scheme. 15. In view of the aforesaid clarification and undertaking given by the Petitioners, the concern of the Regional Director has been duly addressed. 16. No objection has been received to the Scheme of Amalgamation from any other party. Mr Vinay Gupta, Director of the Transferee Company has filed an affidavit confirming that neither the Petitioner Companies nor their Counsel has received any objection pursuant to citations published in the newspapers. 17. In view of the approval accorded by the Shareholders and Creditors of the Petitioner Companies; representation/reports filed by the Regional Director, Northern Region and the Official Liquidator, attache .....

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