- (1.) This is an application filed by the applicant companies herein, namely Checkpoint Checknet India Private Limited (for brevity "Transferor Company/Applicant Company No. 1") under Section 230 to 232 and other applicable provisions of the Companies Act, 2013 (for brevity The Act') read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (for brevity 'The Rules') in relation to the Scheme of Amalgamation (hereinafter referred to as the "SCHEME") proposed between the applicants and the said Scheme is also annexed as Annexure "A8" to the application. The applicant has preferred this instant application for the following purpose as is evident from the reliefs sought for in Paragraph V of the Application, namely:- i) To dispense with the convening, holding and conducting of the meeting of equity shareholders of the Applicant/Transferor Company and fix a date for presentation of the company petition; ii) To dispense with the convening, holding and conducting of the meeting of Creditors of the Applicant/Transferor Company and fix a date for presentation of the company petition; iii) To direct to serve notices in Form CAA-3 to concerned Income Tax Authority, Register of Companies and Regional Director. iv) Further order(s) which this Hon'ble Tribunal may deem fit, proper and just under the circumstances of the case.
(2.) An Affidavit in support of the above application has been sworn in for Transferor/Applicant Company by Mr. Venkatasamy Soundararajan Senthil Kumar, being the Directors of the Company. The affidavits have been placed on record along with the application. Counsel for the applicant took us through the averments made in the application as well as the typed set of documents annexed there with.
(3.) Learned Counsel for the applicant represents that the 'Scheme does' not contemplate any corporate debt restructuring exercise as contemplated under Section 230(2) of the Act. It is also represented that the registered office of transferor/applicant Company is situated within the territorial jurisdiction of this Tribunal and falling within the domain of Registrar of Companies, NCT, New Delhi whereas the registered office of the transferee Company is situated within the territorial jurisdiction of NCT, Chennai Bench.;