IN RE Vs. BATRA OIL COMPANY LIMITED AND ORS
LAWS(NCLT)-2017-9-394
NATIONAL COMPANY LAW TRIBUNAL
Decided on September 18,2017

IN RE Appellant
VERSUS
BATRA OIL COMPANY LIMITED AND ORS Respondents

JUDGEMENT

R. Varadharajan, Member - (1.) This petition filed by the companies above named is coming up finally before us on 6.09.2017 for the purpose of the approval of the scheme of arrangement, as contemplated between the companies and its shareholders by way of amalgamation of the Amalgamating Companies I, II, III/Petitioner Companies I, II, III with the Amalgamated Company/Petitioner IV. A perusal of the petition discloses that initially the application seeking the dispensation of the meetings of equity shareholders, secured and unsecured creditors were filed before the Tribunal in CA (CAA)-58(PB)/2017. The Tribunal vide its order dated 02.06.2017 was pleased to dispense with the requirement of convening the meetings of the equity shareholders, secured creditors and unsecured creditors, in view of their consents having been obtained and produced before it or there being none which obviates the necessity of convening a meeting.
(2.) Under the circumstances, the petitioners have filed their joint petitions for sanction of the Scheme of Amalgamation before the Tribunal under the present provisions, subsequent to the order of dispensation of the meeting ordered by the Tribunal on 02.06.2017.
(3.) On 26.07.2017, the Tribunal ordered Notice in the Second Motion petition in CA(141)ND/2017 moved by the petitioners under Sections 230 to 232 of the Companies Act, 2013 in connection with the scheme of amalgamation, to the Registrar of Companies, Regional Director, Official Liquidator and the Income Tax Department. The Petitioners were also directed vide said order to carry out publication in the newspapers ''Business Standard" and "Jansatta" (Delhi Edition).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.