LAWS(NCLT)-2018-2-26

IN RE Vs. FLIPKART DIGITAL MEDIA PRIVATE LIMITED

Decided On February 02, 2018
IN RE Appellant
V/S
FLIPKART DIGITAL MEDIA PRIVATE LIMITED Respondents

JUDGEMENT

(1.) This is an application filed by the Applicant/ Transferor Companyunder Sections 230 to 232 and other applicable provisions of the Companies Act, 2013 (for brevity 'The Act') read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (for brevity 'The Rules') in relation to the Scheme of Amalgamation (for brevity the "SCHEME") proposed between the applicants. The said Scheme is also annexed [Annexure "G"]. In terms of Sections 230 and 232 of the 2013 Act following prayers have been made for orders:-

(2.) An Affidavit in support of the application sworn for and on behalf the Applicant Company has been filed by Mr. R. Vijayakrishnan being its authorized representative.

(3.) It is represented that the Scheme does not contemplate any corporate debt restructuring exercise as contemplated under Section 230(2) of the Act. Learned Counsel has taken us through the averments made in the application as well as the typed set of documents annexed there with. It is further represented that a joint application filed by the applicants is maintainable in view of Rule 3(2) of the Rules and it is also represented that the registered offices of applicant company i.e. transferor company is situated within the territorial jurisdiction of this Tribunal and fall within domain of Registrar of Companies, NCT, New Delhi.