IN RE Vs. DHANRAJ DISTRIBUTORS PVT LTD

JUDGEMENT

(1.) This Application is filed jointly by three Applicant Companies under sections 230-232 of the Companies Act, 2013 (hereinafter referred to as 'the Act') read with Companies (Compromise, Arrangement and Amalgamation) Rules, 2016 (herein after referred to as 'the Rules') for dispensation of meetings of shareholders and creditors of the applicant companies in respect of a Scheme of Arrangement in the nature of Amalgamation of Dhanraj Distributors Private Limited (Applicant Transferor Company-1) and Hukamchand. Investments Private Limited (Applicant Transferor Company-2) with Dhanraj Organic Private Limited (Applicant Transferee Company) and their respective shareholders ("Scheme" for short) .

(2.) The registered offices of all the Applicant Companies are situated at Indore, in the State of Madhya Pradesh and are under the jurisdiction of this Bench of National Company Law Tribunal.

(3.) Issued, Subscribed and Paid up Share Capital of Applicant Transferor Company-1, as on 31st March, 2017, is Rs. 40,00,000/-, Issued, Subscribed and Paid up Share Capital of the Applicant Transferor Company-2, as on 31st March, 2017, is Rs. 9,99,500/- and Issued, Subscribed and Paid up Share Capital of the Transferee Company, as on 31st March, 2017, is Rs. 98,35,000/-. As a result, the definition of small company is not applicable and the Applicant Companies have opted to file 4 the present Company Application under sections 230-232 and not under Section 233 of the Companies Act, 2013.