K. Anantha Padmanabha Swamy, Member - (1.) Under Consideration are two Company Petition nos. CP/12&13 /CAA/2018 filed under section 230 of the Companies Act, 2013 r/w the Companies (Compromises, Arrangements and Amalgamations) Rules 2016. The instant petitions pertain to the proposed Scheme of Amalgamation by virtue of which M/s. Kwality Fun Foods & Restaurant Private Limited (hereinafter referred as 'Transferor Company') is proposed to be amalgamated with M/s. Kwality Milk Foods Limited (hereinafter referred as 'Transferee Company') .
(2.) The Authorised and issued, subscribed & paid up share capital of the Transferor and the Transferee Companies are as under: JUDGEMENT_798_LAWS(NCLT)1_2018_1.html
(3.) The Transferor Company is a Private Limited Company, it was incorporated on 25.04.1995 under the provisions of the Companies Act, 1956, having its registered office at No. 9, Gajapathy Road, Kilpauk, Chennai-600010, Tamil Nadu. The Transferor Company is partly engaged in the business distributors, dealers of various goods and partly into incidental business of investing its funds into various companies etc. The Transferee is an Unlisted Public Company, it was incorporated on 07.02.1992 under the provisions of the Companies Act, 1956, having its registered office at No. 9, Gajapathy Road, Kilpauk, Chennai-600010, Tamil Nadu. The Transferor Company is engaged in the business of manufactures, distribution, dealer, preservation and storage and exporters of milk and all type of milk Products, Dairy Products, Foods of all kinds of including Marine products of all kinds and act as agent, auctioneers, broker and dealer in all movable and immovable stock, share, finance and bullion, commodity agent etc. The Board of Directors of the Transferor Company and Transferee Company vide their resolution dated 21.04.2017 respectively approved the said scheme of Amalgamation.;