IN RE Vs. MILKO-TECH EQUIPMENTS PRIVATE LIMITED AND ORS
LAWS(NCLT)-2017-8-545
NATIONAL COMPANY LAW TRIBUNAL
Decided on August 17,2017

IN RE Appellant
VERSUS
MILKO-TECH EQUIPMENTS PRIVATE LIMITED AND ORS Respondents

JUDGEMENT

Bikki Raveendra Babu, Member - (1.) By these petitions under Section 230 - 232 of the Companies Act, 2013, the Petitioner Companies are seeking sanction of the Scheme of Arrangement in the nature of Amalgamation of Milko-Tech Equipments Private Limited (Transferor Company-1) and Prolate-Prompt Equipments Private Limited (Transferor Company-2) and Techweigh Solutions Private Limited (Transferor Company-3) and Shridhar Softech Private Limited (Transferor Company-4) and Prompt Equipments Private Limited (Transferee Company) ("Scheme" for short).
(2.) The petitioner companies had filed applications respectively, being CA(CAA) Nos. 16 to 20 of 2017, before this Tribunal, seeking dispensation of meetings of equity shareholders and creditors of the Petitioner Companies in respect of the Scheme, This Tribunal vide its order dated 20th April, 2017, dispensed with the meetings of the equity shareholders and creditors based on the consent affidavits given by them. This Tribunal noted that there were no secured creditors of the petitioner companies.
(3.) Vide the aforesaid order dated 20th April, 2017, the Petitioner Companies were directed to serve Notice of the Scheme to the Regulatory Authorities-viz. (i) Central Govt. through the Regional Director, North-Western Region, (ii) Registrar of Companies, Gujarat, (iii) Income Tax Authorities; and (iv) Official Liquidator (only in respect of the Transferor Companies) along with requisite documents and disclosures. The notices were duly served on all the authorities between 16th May 2017 and 22nd May 2017. The petitioners thereafter filed proof of service of notice on all the above Statutory Authorities. In response to the said notice, a common representation dated 13th June 2017 was received from the Regional Director, Western Region and representations dated 15th May, 2017 were received from the Office of the Official Liquidator. No representation from any other authority was received.;


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