R.P. Nagrath, Member - (1.) This application has been jointly filed by the Applicant Companies herein, namely, Malwa (Ludhiana) Motor Finance Limited Transferor Company/Applicant No. 1 (for brevity, to be described as A-1) and Amrit Hire Purchase Limited Transferee Company/Applicant No. 2 (for brevity, to be described as A-2) under sections 230 and 232 of the Companies Act, 2013 read with the Companies (Compromises. Arrangements and Amalgamations) Rules, 2016 (for brevity, the 'Rules') and the National Company Law Tribunal Rules, 2016, supported by the separate affidavits on behalf of the applicant-companies, for seeking appropriate orders/directions for convening of respective meetings of the shareholders, secured creditors and un-secured creditors of the applicant-companies, in connection with the proposed Scheme of Amalgamation of Malwa (Ludhiana) Motor Finance Ltd. with Amrit Hire Purchase Ltd. The said Scheme of Amalgamation (for brevity, to be described as 'Scheme') is also annexed as Annexure A-4 to the joint Application.
(2.) It is represented by the learned counsel for applicants that as per the Memorandum and Articles of Association Annexure A-1/1, A-1 Company is engaged in the business of hire purchase, investment general finance, housing and industrial financing etc.: to purchase, sell or hire out or sell by instalment, lease or on hire purchase system, vans, motorcars, buses, trucks, LCV's, tractors etc. and any other allied articles thereof. Presently A-1 company is engaged in vehicle financing, general financing, other NBFC business and other related activities. A-2 Company is engaged in vehicle financing, general financing and other NBFC business, the business of hire purchase, general finance investment and housing; to purchase, sell or hire out or sell by instalment or on hire purchase system all kinds of motor vehicles, motor cycles, scooter moped, cycle rickshaws etc. or any other articles that the company may deem fit as per Memorandum and Articles of Association Annexure A-2/1.
(3.) It is represented by the learned counsel for the applicants that the registered office of both the applicant-companies is situated at 35-A, Defence Colony, Jalandhar, Punjeb-144 001, therefore, the matter falls within the jurisdiction of this Tribunal.;