LAWS(NCLT)-2018-1-663

IN RE Vs. HOMAG INDIA PRIVATE LIMITED

Decided On January 12, 2018
IN RE Appellant
V/S
HOMAG INDIA PRIVATE LIMITED Respondents

JUDGEMENT

(1.) These Applications are filed on behalf of the Applicant Companies under Sections 230 to 232 of the Companies Act. 2013 read with Companies (Compromises, Arrangement and Amalgamation) Rules, 2016, praying for an order for dispensation of holding the meeting of the Equity shareholders, Secured and Unsecured Creditors or alternatively direct convening of the meeting of the Equity shareholders. Secured and Unsecured Creditors for approving the Scheme of Amalgamation of HOMAG MACHINERY BANGALORE PRIVATE LIMITED (Transferor Company) to be merged with HOMAG INDIA PRIVATE LIMITED (Transferee Company) in terms of Scheme of Amalgamation shown in Annexure-A in CA(CAA) No.86 & 87/2017.

(2.) The averments made in the Company Applications are briefly described hereunder:-

(3.) It is further averred in the Application CA(CAA) No.86/2017 that the Applicant/Transferee Company was incorporated on 29th November 2004 under the provisions of the Companies Act, 1956 in the name and style of HOMAG India Private Limited bearing CIN No.U29299KA2004PTC035110, having its Registered office at # 88, Industrial Suburb, II Stage, Tumkur Road, Bengaluru - 560 022.