NCLT JUDGEMENT ON SECTION 133, 230, 230(3), 230(5), 230(9), 231, 232 OF THE COMPANIES ACT, 2013

 

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

83830984789667769795

rk@courtkutchehry.com

JAI THAKUR

81307033349355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com

Raag Technologies And Services Private Limited Vs. Rangan Manufacturing Services Private Limited, (2020) 07 NCLT CK 0125

NCLT allowed the application filed by the applicant, under Sections 230 to 232 and other applicable provisions of the Companies Act, 2013 (hereinafter referred to as 'the Act') read with The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (hereinafter referred to as 'the rules') for approval of the Scheme of Arrangement. While allowing the application NCLT held that taking into consideration the applications filed by the Demerged Company and Resulting Companies in relation to the Scheme of Arrangement (Demerger), this Bench hereby directs in term of Clause (5) of Section 230 and Sub-section (3) of the Companies Act, 2013 to issue notices to the Regional Director, Ministry of Corporate Affairs, ROC concerned, Income Tax Authorities and such other sectorial regulators or authorities, if necessary. In case the scheme is exempted under the Competition Act, 2002, an Affidavit to this effect is to be given. Otherwise, notice to CCI may also be issued. Since the Applicant Companies are Private Limited Companies, there is no need to issue notices to SEBI and to the Stock Exchanges. The authorities are directed to make objections / representations, if any, within 30 days from the date of receipt of notice. In case no objections / representations are received within the stipulated time it shall be deemed that they do not have any objections.

Comments

Popular posts from this blog

NCLT JUDGEMENT ON SECTION 3(11), 3(6), 5(7), 5(8), 5(8)(A), 5(8)(B), 5(8)(C), 5(8)(D), 5(8)(E), 5(8)(F), 5(8)(G), 5(8)(H), 5(8)(I), 7 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, SECTION 62(A)(1), 68, 179, 186 OF THE COMPANIES ACT, 2013, SECTION 12 OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 AND SECTION 25 OF THE EVIDENCE ACT, 1872

NCLT JUDGEMENT ON SECTION 72(A) OF THE INCOME-TAX ACT, 1961 AND SECTION 230, 231, 232, 232(4) OFN THE COMPANIES ACT, 2013

NCLT JUDGEMENT ON RULE 4 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016, RULE 11 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016, SECTION 7, 9, 14, 19, 29, 29(A), 30, 30(1), 30(2), 30(2)(B), 30(2)(D), 30(2)(E), 30(2)(F), 30(6), 31, 31(1), 31(2), 31(3), 31(4), 43, 45, 53, 53(1), 60(5), 60(5)(C), 60(6), 74(3), 238 SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT, SECTION 13(2) OF THE INTEREST ACT, 2002, SECTION 65(A), 65(A)(3) OF THE TRANSFER OF PROPERTY ACT, 1882, REGULATION 42, 44 OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (LIQUIDATION PROCESS) REGULATIONS, 2016 AND REGULATION 35(A), 36, 36(B), 38, 39, 39(4) OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (INSOLVENCY RESOLUTION PROCESS FOR CORPORATE PERSONS) REGULATIONS, 2016