- (1.) The joint petitions filed by the above named Companies coming on 12.04.2017 for final hearing of the confirmation of the Scheme of Amalgamation of the Petitioner Companies whereby the Petitioner No. 1 Company and the Petitioner No. 2 company would merge/amalgamate into Petitioner No. 3 Company, so as to be binding on all the equity shareholders, secured creditors and unsecured creditors of the Petitioner Companies and other concerned persons and by virtue of the Notification No. G.S.R. 1119(E) : DCAF/0145/2016 dated 07.12.2016 whereby the Companies (Transfer of Pending Proceedings) Rules, 2016 came into force w.e.f. 15.12.2016, the case records of C.P. No. 02/2016 and C.P. No. 09/2016 have been transferred from the Hon'ble High Court of Jharkhand at Ranchi ("Jkh High Court") to the National Company Law Tribunal, Kolkata Bench at Kolkata ("NCLT, KB") for disposal. The power to consider the Schemes under Sections 230-232 of the Companies Act, 2013 has now been vested with the National Company Law Tribunal (NCLT).
(2.) Both the Petitions C.P. No. 02/2016 and C.P. No. 09/2016 are marked as T.P. No. 154/2017 and T.P. No. 155/2017 respectively, and are taken up for hearing on 12.04.2017 when Shri Victor Dutta, Ld. Advocate appearing for the Petitioner Companies, reiterated what have been pleaded in the petitions. Shri S. Yadav, Dy. Director of Regional Directorate, Eastern Region, representing the Central Government also appeared.
(3.) Heard the appearing parties, considered their submissions and perused the case records.;