LAWS(NCLT)-2017-4-125

IN RE Vs. DARLING MUESCO (INDIA) PRIVATE LIMITED

Decided On April 24, 2017
IN RE Appellant
V/S
DARLING MUESCO (INDIA) PRIVATE LIMITED Respondents

JUDGEMENT

(1.) Heard learned Advocate, Mr. Ishan P. Shah, Advocate, with Mr. Pinakin Shah, PCS, for the Applicant-company. Perused the application and the supporting affidavit of Mr. Kiran Shah, Director of the Applicant-company, dated 25th March, 2017 and the annexures annexed thereto.

(2.) M/S. Darling Muesco (India) Private Limited filed this application under Sections 230 and 232 of the Companies Act, 2013 seeking directions for convening meetings of members and unsecured creditors of the applicant-company in respect of a scheme of arrangement in the nature of amalgamation of Accuflow Controls Private Limited with Darling Muesco (India) Private Limited ("Scheme" for short).

(3.) The Board of Directors of the applicant-company, by its resolution dated 14th March, 2017, approved the Scheme which is at Exhibit 3. It is stated that no investigation or proceedings are pending against the applicant-company.