R.P. Nagrath, J. - (1.) This is a joint application filed by Malayeka Builders & Developers Private Limited, Applicant Company No. 1/Transferor Company No. 5 (for brevity, to be described as A-1 Company), Mysha Builders & Constructions Private Limited. Applicant Company No. 2/Transferor Company No. 6 (for brevity to be described as A-2 Company) and Renita Developers & Constructions Private Limited, Applicant Company No. 3/Transferor Company No. 7 (for brevity to be described as A-3 Company), jointly described as 'Applicant-Companies' under Section 230 to 232 and other applicable provisions of the Companies Act, 2013 (to be referred here-in-after as the "Act" read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (for brevity, the "Rules") in connection with the proposed Scheme of Amalgamation (to be referred in brief as the Scheme') Annexure P-1 between the Applicants and Non-Applicants with the Transferee Company. The affidavit of Mr. Rajeshwar Sharma, Authorised Representative of the Applicant-Companies has also been filed in support of the 'Joint Application' It is stated that Transferor Company Nos. 1 to 4, & 8 and the Transferee Company are having their respective registered offices at New Delhi, therefore, falling within the jurisdiction of National Company Law Tribunal. New Delhi. A separate First Motion Petition under section 230-232 of the Companies Act. 2013 has teen filed on behalf of these companies before the Hon'ble National Company Law Tribunal, New Delhi. The learned counsel for the applicant-companies represents that the said application was allowed vide order dated 25.07.2017 in CA(CAA) 35/2017 by the NCLT, New Delhi.
(2.) It is represented by the counsel for the applicants that as per Certificates of Incorporation Annexures P-39, P-45 and P-57, CIN of A-1 Company is U55101HR2007PTC037227: A-2 Company is U45300HR2007PTC037202 and that of A-3 Company is U70102HR2007PTC038B00. The learned counsel also filed today affidavit dated 04.08.2017 of Rajeshwar Sharma the Authorised Representative of all the applicant-companies stating therein that the PAN of A-1 Company is AACCD9883B; A-2 Company is AACCD7638J and that of A-3 Company is AADCR9834K. This information has been supplied to facilitate the statutory authorities including the Income Tax Department to send appropriate response to the Tribunal for the final decision while considering the matter for sanction of the 'Scheme' This affidavit be taken on record.
(3.) It is represented by learned counsel for the applicants that as per Memorandum and Articles of Association, Annexure P-39, the main objects of Transferor-Company No. 5' (A-1 Company) are to purchase, sell, lease, license, exchange, mortgage, hire or otherwise acquire and/or dispose of lands and properties of any description or tenure or any interest therein and to erect and construct houses, building, fiats, apartments, offices, cinemas, hotels, motels shops or works of every description on any land of the company, or upon any other land or property and to pull down, rebuild enlarge and improve existing houses, buildings, shops, and works thereon and to convert and appropriate such land for roads, street, gardens and other conveniences and generally to carry on business in a real estate and properties of all kinds and to deal with and improve the properly of the company and to own, let and manage such properties.;