IN RE Vs. INSTANT DEVELOPERS PVT LTD

LAWS(NCLT)-2018-2-32

NATIONAL COMPANY LAW TRIBUNAL

Decided on February 02,2018

IN RE Appellant

VERSUS

INSTANT DEVELOPERS PVT LTD Respondents

JUDGEMENT

Jinan K.R., Member - (1.) Order a) In view of the individual affidavit given by the shareholders of the transferee company and transferor companies, meeting of the shareholders of the transferee company and transferor companies is hereby dispensed with. b) That in view of the individual affidavit given by the creditors, as applicable, of the transferee company and transferor companies, meeting of the creditors of the transferee company and transferor companies respectively are hereby dispensed with. c) That at least 30 days before the date of filing petition in Form CAA-5 an advertisement be inserted in one each in 'Aajkal' in Bengali and in The Business Standard' in English daily newspapers, as per the requirement of Sec.230 of the Companies Act, 2013 in Form CAA-2 of the Companies (Compromise, Arrangements and Amalgamation) Rules 2016 with modification stating the fact the meeting of the shareholders and creditors has been dispensed with and if any shareholders and creditors want to oppose the said petition should send to the National Company Law Tribunal, Kolkata Bench and also to the applicant authorized representative. d) Let the notice be served as per requirements of sub-section (5) of Sec.230 of the Companeis Act, 2013 along with all the documents including details on the i) Central Government through Regional Director, Eastern Region, Ministry of Corporate Affairs, ii) Registrar of Companies, West Bengal, iii) The Income Tax Department of the Office having jurisdiction over the respective petitioner companies, e) And such other relevant sectoral regulators/ authorities, if applicable, which are likely to be affected by the proposed scheme by sending the same by hand delivery through Special Messenger or by registered post of Speed Post within 7 days from the date of this order for filing their representations, if any, on the petition. Notice along with the copy of the application and other related documents with PAN Numbers of the applicant companies should be served upon the Chief Commissioner of Income Tax and the Assessing Officer of the Income Tax Department by Mail and/or Speed Post or by Messenger. Applicant Companies are also directed to mention their respective PAN Nos. everywhere. f) The Notice shall specify that representations, if any should be filed before this Tribunal within 30 days of date of receipt of the notice with a copy of such representations being sent simultaneously to the petitioners and/or their Authorized Representatives. If no such representation is received by the Tribunal within the said period, it shall be presumed that such authorities have no representations to make on the Scheme of Amalgamation. g) All the petitioner companies at least 7 days before the date of hearing of the petition shall file an affidavit of service in relation to the Paper Publication as well as service of notices on the Authorities specified above including the Sectoral Regulators. The CA- (CAA) No. 564 KB/2017 is disposed off accordingly. Urgent Photostat copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.;

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