- (1.) Originally these two Petitions were filed before the Hon'ble High Court of Karnataka and they were numbered as Co. P. No. 146/2016 &. Co.P. No. 147/2016. Subsequently as per Notification No. GSR.1119(E) : MANU /DCAF/0145/2016 dated 7th December 2016 issued by the Ministry of Corporate Affairs, New Delhi, the said cases were transferred to this Tribunal and renumbered as T.P. No. 180/2017 & T.P. No. 181/2017.
(2.) These Company Petitions were filed on behalf of the Petitioner Companies under Section 391-394 of the Companies Act, 1956 read with Rule 9 of the Companies (Court) Rules, 1959, praying to order for sanctioning the Composite Scheme of Amalgamation of the Transferor Company with the Transferee Company and shall be binding upon all the Shareholders and Creditors of the Companies. The averments made in the Company Petitions are briefly described hereunder:- The Petitioner Companies seeks an order for sanctioning the Composite Scheme of Amalgamation of WILDERNESS LODGE PRIVATE LIMITED (Transferor Company) with PAUL RESORTS AND HOTELS PRIVATE LIMITED (Transferee Company). The Scheme of Amalgamation is shown as Annexure A.
(3.) The Transferor Company was incorporated on 04th November, 2015 as the Private Limited Company under the name and style, WILDERNESS LODGE PRIVATE LIMITED and obtained Certificate of Incorporation vide bearing CIN No. U55101KA2015PTC083868. The Registered office of the Transferor Company is situated at Deepak", Daswal Road, Kodagu District, Madikeri-571201.;