LAWS(NCLT)-2017-11-639

IN RE Vs. SAFAL REALTY PVT LTD

Decided On November 21, 2017
IN RE Appellant
V/S
SAFAL REALTY PVT LTD Respondents

JUDGEMENT

(1.) Heard learned Advocate Ms. Dharmishta Raval for Raval & Raval Advocate.

(2.) Safal Realty Private Limited (Applicant Amalgamating Company - 3/Applicant Amalgamated Company - 1/ Applicant Demerged Company) has filed this application seeking a directions of this Tribunal for convening and holding meetings of equity shareholders, secured creditors and unsecured creditors of the Applicant Company in respect of a Composite Scheme of Amalgamation, Arrangement and Demerger between H Nyalchand Realty Private Limited (Amalgamating Company-1) Vastupal Infrastructure Private Limited (Amalgamating Company-2) with Safal Realty Private Limited (Amalgamated Company-1/Demerge Company/Amalgamating Company-3) and demerger of project division of Safal Realty Private Limited into Safal Infra-Developers Private Limited (Resulting Company ) and the amalgamation of Safal Realty Private Limited with HN Safal Facilities Management Private Limited (Amalgamated Company- 2) and their respective shareholders and creditors with effect from the Appointed Date on the agreed terms and conditions as set out in the scheme annexed at Annexure-D in accordance with Sections 230 to 232 of the Companies Act, 2013 and other applicable provisions of the Act.

(3.) The Board of Directors of Applicant Company in the meeting held on 4th October, 2017, passed a resolution approving the proposed Scheme placed before the Board by the Company Secretary. The Applicant Company has filed its audited balance sheet as well as a Certificate dated 9.10.2017 issued by its Chartered Accountant certifying compliance with Section 133 of the Companies Act, 2013.