IN RE Vs. GANGAUR PROPERTIES PRIVATE LIMITED

JUDGEMENT

(1.) The instant joint Application filed under Sections 230-232 of the Companies Act, 2013 filed by the Petitioner Nos.1 to 12, namely :

(2.) National Company Law Tribunal (NCLT) , Kolkata Bench vide its Order dated 11th September 2017 observed that the equity shareholders of the Transferor Companies and Transferee Company have unanimously approved the resolution favouring scheme of amalgamation. The Regional Director has also filed the report inter alia stating that the proposed scheme of amalgamation is not prejudicial to the interest of members / shareholders and / or public. The Central Government has, therefore, decided that the instant petition scheme need not be opposed. In compliance of Order dated 11.09.2017 of NCLT Kolkata Bench, notice pursuant to Form No.NCLT3A of NCLT Rules 2016 was published in English daily "The Business Standard" and "Pratidin" dated 17th September 2017 and an Affidavit of Service was filed on 26.10.2017. In compliance of NCLT, Kolkata Bench's Order dated 11.09.2017 notices were sent to the Sectoral Authorities i.e. Central Government through Regional Director, Income Tax Department and the Official Liquidator as per requirements of sub-section (5) of section 230 of the Companies Act, 2013. An affidavit of service in this regard has been filed on 12.10.2017. The directions given in the NCLT, Kolkata Bench's Order dated 11.09.2017 have been complied with.

(3.) The Official Liquidator, High Court, Calcutta vide report dated 09.06.2017 has observed that the affairs of the 11 transferor Companies have not been conducted in a manner prejudicial to the interest of their members or public; and