Bikki Raveendra Babu, Member - (1.) Learned Advocate Ms. Dharmistha Raval with Learned Advocate Mr. Yuvraj Thakore present for Petitioner. Order pronounced in open Court. Vide separate sheet. This joint petition under Sections 230 to 232 of the Companies Act, 2013 has been filed seeking sanction of proposed Scheme of Amalgamation of Sun Carrier Omega Private Limited ("Sun Carrier" or "the Transferor Company") with Omega Renk Bearings Private Limited ("Omega Renk" or "the Transferee Company") and their respective shareholders and all concerned ("Scheme").
(2.) The Petitioner Companies herein, i.e. Sun Carrier Omega Private Limited and Omega Renk Bearings Private Limited, had filed a joint application being CA (CAA) No. 50 of 2017 before this Bench of the National Company Law Tribunal (Tribunal), seeking dispensation of separate meetings of equity shareholders, secured creditors and unsecured creditors of the Petitioner Companies. This Tribunal, vide its order dated 16th May, 2017, dispensed with convening and holding of the meeting of the equity shareholders, secured and unsecured creditors of the Petitioner Companies.
(3.) This Tribunal also directed the Petitioner Companies to issue statutory notice in Form No. CAA3 to (i) the Central Government through the Regional Director, North Western Region, Mumbai; (ii) the Registrar of Companies, Gwalior; (iii) the Income-tax authorities, concerned and (iv) the Official Liquidator, Indore (only in the case of Petitioner Transferor Company), asking them to make representations, if any, within a period of 30 days from the date of receipt of such notice, and they were also intimated that in case no representation was received by the Tribunal within the stipulated period of 30 days, it should be presumed that the authorities have no representation to make.;