Vijai Pratap Singh, Member - (1.) This Company Application has been filed jointly by the Applicant Companies, namely, Amritasha Vyapaar Private Ltd., Arishtanemi Suppliers Private Limited, Divakara Traders Private Limited, Dridaprajna Traders Private Ltd., Druhina Merchandise Private Limited, Girijadhava Vyapaar Private Limited, Harayai Dealers Private Limited, Nilalohita Mercantile Private Ltd., Nivritatma Traders Private Ltd., Pingalaksha Agencies Private Ltd., Pranavatmaka Traders Private Ltd., Samasth Tieup Private Ltd., Sharavatyai Traders Private Ltd., Shikhisarathi Trading Private Ltd., Shubhada Vyapaar Private Ltd., Tantuvardhana Vyapaar Private Ltd., Trisandhya Tradecon Private Ltd., Vanahasta Dealers Private Ltd. and Diamond Vanijya Private Ltd. (hereinafter referred to as the "Transferor Companies") and Anpurna Mercantile Private Limited (hereinafter referred to as the "Transferee Company") for obtaining sanction of this Tribunal regarding Scheme of Amalgamation of the transferor companies with the transferee company.
(2.) The object of this application is to obtain sanction of this Tribunal to the proposed Scheme of Amalgamation between the Transferor Companies (being applicant nos.1 to 19) and the Transferee Company (being the applicant no.20) and their respective shareholders whereby and where under it is proposed to amalgamate the Transferor Companies with the Transferee Company by transferring the assets and liabilities of the Transferor Companies, as defined in the said Scheme of Amalgamation to the Transferee Company. The terms and conditions of the amalgamation have been fully stated in the said Scheme of Amalgamation. A copy of the Scheme of Amalgamation has been annexed and marked as Annexure-41 to this application.
(3.) Heard the arguments of the Ld. Counsel for the Applicants. On scrutiny of the application filed by the Applicants, it is observed that the total number of shareholders in the Transferor Companies (1 to 19), i.e., shareholders in Applicant company No.1 is 19, shareholders in Applicant No.2 is 16, shareholders in Applicant No. 3 is 09, shareholders in Applicant No.4 is 16, shareholders in Applicant no.5 is 08, shareholders in Applicant No.6 is 12, shareholders in Applicant No.7 is 05, shareholders in Applicant No.8 is 22, shareholders in Applicant No.9 is 25, shareholders in Applicant No.10 is 14, shareholders in Applicant No.11 is 19, shareholders in Applicant No.12 is 12, shareholders in Applicant No.13 is 13, shareholders in Applicant No.14 is 18, shareholders in Applicant No.15 is 25, shareholders in Applicant No.16 is 23, shareholders in Applicant No.17 is 09, shareholders in Applicant No.18 is 14, shareholders in Applicant No.19 is 08 and shareholders in Applicant No.20, i.e. the Transferee Company is 06.;