Vijay Pratap Singh, Member - (1.) This application has been filed by the Applicant Companies, namely, Prashant Sales Promotion Private Limited, Rachna Vanijya Private Limited and Rosy Marketing Private Limited (herein the "Transferor Companies") with Surichi Distributors Private Limited (herein the "Transferee Company") for obtaining sanction of this Tribunal regarding Scheme of Amalgamation of the above mentioned companies.
(2.) The instant application has been filed by the applicants, transferors and transferee companies, under Section 230 to section 232 of the Companies Act, 2013 for directions to serve the copy of the notice of the application pursuant to Sub-section (5) of Section 230 of the Companies Act, 2013, dispensation of the creditors meeting as well as shareholders meeting in view of letter of waiver relating to meeting by the Shareholders and resolution approved by the shareholders and filed with Registrar of Companies, which are duly annexed with the instant application. The applicants submitted that in view of the aforesaid facts and circumstances, the meeting of equity shareholders of the applicant companies for approving the proposed scheme of amalgamation, may be dispensed with.
(3.) The object of this application is to ultimately obtain sanction of this Tribunal to the proposed Scheme of Amalgamation to be made between the Transferor companies, Transferee Company and their respective shareholders whereby and whereunder the entire undertaking of the Transferor Companies with all assets and liabilities relating thereto as a going concern is proposed to be transferred to and vested in the Transferee Company.;