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Hansazone Private Limited, A Company Incorporated Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At 702, A Wing, Prism Tower, Mindspace, Link Road, Goregaon - West, Mumbai - 400062, Maharashtra, India ? Company -and Hansazone Private Limited v.

Hansazone Private Limited, A Company Incorporated Under The Provisions Of The Companies Act, 1956 And Having Its Registered Office At 702, A Wing, Prism Tower, Mindspace, Link Road, Goregaon - West, Mumbai - 400062, Maharashtra, India ? Company -and Hansazone Private Limited v.

(National Company Law Tribunal)

CSP No. 881 of 2017 | 05-10-2017

B.S.V. Prakash Kumar, Member (J): Petition Admitted.

2.Petition fixed for hearing and final disposal on 2ndDay of November, 2017.

3.Learned Counsel for the Petitioner states that in pursuance of the directions contained in Order dated 28thJune, 2017 passed by this Tribunal in the Company Scheme Application No. 700 of 2017 the meeting of Equity Shareholders was held on Monday, on 28thAugust, 2017 and the requisite quorum was present and the Scheme was approved unanimously by the Equity Shareholders without modifications. The chairman appointed for the meeting has filed his report which is annexed to the Petition as Exhibit G.

4.The Counsel for the Petitioner further submits as per the directions contained in Order dated 28thJune, 2017 passed by this Tribunal in the Company Scheme Application No. 700 of 2017 and in compliance with the relevant provisions of the Companies Act, 2013 and the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, the Petitioner Company submits that 30 days notices were duly served upon (i) concerned Income Tax Authority within whose jurisdiction the Petitioner Companys assessments are made, (ii) the Central Government through the office of Regional Director, Western Region, Mumbai (iii) Reserve Bank of India (iv) to the Registrar of Companies and (v) the Official Liquidator on 26thJuly, 2017.

5.The Learned Counsel for the Petitioner Company further submits that the Petition is filed in consonance with Section 230 to 232 of the Companies Act, 2013 along with the Order passed in Company Scheme Application No. 700 of 2017 by the National Company Law Tribunal, Mumbai Bench.

6.At least 10 days before the date fixed for hearing First Petitioner Company, Second Applicant Company and Third Applicant Company shall jointly publish the notice of hearing of Petition in two local newspapers viz. Free Press Journal, in English language and translation thereof in Navashakti, in Marathi language, both having circulation in Mumbai as per Rule 16 of the Companies (Compromises. Arrangements and Amalgamations) Rules, 2016.

7.The Petitioner Company to file an affidavit of service regarding the directions given by the Tribunal three days before the date fixed for final hearing and do report to this Tribunal that the direction regarding the issue of advertisement of the notice has been duly complied with.

Advocate List
Bench
  • B.S.V. Prakash Kumar, Member (J)
  • V. Nallasenapathy, Member (J))
Eq Citations
  • LQ/NCLT/2017/7996
Head Note

Company — Scheme of Arrangement — Approval of — Meetings of equity shareholders — Held, in pursuance of the directions contained in the order of the National Company Law Tribunal, Mumbai Bench dated 28th June, 2017 passed in the Company Scheme Application No. 700 of 2017, the meeting of Equity Shareholders was convened on Monday, 28th August, 2017 and the required quorum was present and the scheme was approved unanimously by the Equity Shareholders without any modifications — The Chairman of the meeting has filed his report — The relevant notices were duly served on the concerned authorities within 30 days — The petition is filed in consonance with Section 230 to 232 of the Companies Act, 2013 — Notices to be published in newspapers two English language newspaper ?Free Press Journal? and Marathi language newspaper Navashakti. — An affidavit of service regarding the directions shall be filed three days before the date of final hearing — Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, R. 16 — Companies Act, 2013, Ss. 230 to 232