IN RE Vs. EBOT IT SERVICES PRIVATE LIMITED

JUDGEMENT

(1.) This Company Petition filed by the Petitioners is coming before us for admission and for fixing a date of hearing of the main Company Petition as well as for a direction in relation to publication in press to be effected and notices to be issued to the authorities concerned in relation to date of hearing of the Petition and calling for the objections, if any, to the Composite Scheme of Arrangement by way of Amalgamation (hereinafter for brevity referred to as "SCHEME") contemplated between the Petitioner Companies, From the records, it is seen that the First Motion seeking directions for convening the meeting of the Equity Shareholders was filed before this Tribunal vide CA (CAA) No. 63 (ND) 2017 and based on such joint application moved under Sections 230-232 of the Companies Act, 2013, directions were issued by this Tribunal, where in the meeting of the Equity Shareholders was directed to be convened vide order dated 26.07.2017 on 21st September, 2017. It was also represented that there were no secured and unsecured creditors of the petitioner companies, therefore, the necessity of convening the meeting did not arise. Subsequently, another order was passed by this Hon'ble Tribunal on 01.09.2017 based on CA No. 23/C-III/ND/2017 whereby the date of meeting was shifted to 9th October, 2017. In compliance with the directions issued by this Tribunal on 26.07.2017 and 01.09.2017, the Petitioner Companies have held the meeting as contemplated by the said order on 9th October, 2017 and to which effect the Chairperson appointed by this Tribunal have also filed reports as detailed hereunder:- <FRM>JUDGEMENT_485_LAWS(NCLT)12_2017_1.html</FRM>

(2.) Subsequent to the conduct of the meetings as directed, now this petition on second motion filed on 23.10.2017 is coming up before us for fixing a date of hearing as well as other consequential directions in terms of provisions of Sections 230 to 232 of Companies Act, 2013 read with Rule 16 of the Companies (Compromise, Arrangements and Amalgamation) Rules, 2016 brought into effect and on and from 15.12.2016 and it is now hereby ordered as follows:-