IN RE Vs. BEAVER ENGINEERING & HOLDINGS PRIVATE LIMITED
LAWS(NCLT)-2017-5-387
NATIONAL COMPANY LAW TRIBUNAL
Decided on May 09,2017

IN RE Appellant
VERSUS
BEAVER ENGINEERING And HOLDINGS PRIVATE LIMITED Respondents

JUDGEMENT

Rajeswara Rao Vittanala, Member - (1.) The Company Petition bearing C.P. No. 352/2016 [CP(TCAA) No. 32/IIDB/2017) was filed by M/s. Beaver Engineering & Holdings Private Limited (Petitioner/Transferor Company) before the Hon'ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh under Sections 391 & 394 of the Companies Act 1956, by seeking to sanction and confirm Scheme of Arrangement and Amalgamation in question (enclosed as Annexure A5) so as to be binding on all Members, Creditors and employees of the Petitioner/Transferor Company, etc.
(2.) A Gazette Notification GSR 1134(H) dated 14th December, 2016 issued by the Ministry of Corporate Affairs with effective date of 15th December, 2016, and in terms of Rule 15 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 & Rule 23A of NCLT Rules R/w Rule 3 of Companies (Transfer of Pending Proceedings) Rules, 2016, jurisdiction is conferred on this Tribunal in respect of subject cases and thus pending cases also transferred from the Hon'ble High Court to the NCLT. Accordingly, the Hon'ble High Court transferred this case to this Bench. On transfer, the case is listed before this Bench on 01.02.2017, 20.02.2017, 28.02.2017, 16.03.2017, 31.03.2017, 17.04.2017, 26.04.2017, 08.05.2017 and finally on 09.05.2017.
(3.) Heard Mr. V.S. Raju and V.B. Raju, Learned Counsel for the Petitioner, Mr. J. Srinadh Reddy, Learned Counsel for Official Liquidator and Mr. B. Appa Rao, Learned Counsel for ROC & RD and perused all pleadings along with material papers filed in their support.;


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