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Lodha Finserv Private Limited, A Company Incorporated Under The Companies Act, 1956 Having Its Registered Office At 7th Floor, Lodha Excelus, Apollo Mills Compound, N.m. Joshi Marg, Mahalaxmi, Mumbai, Maharashtra - 400011, India ? Company -and Lodha Finserv Private Limited v.

Lodha Finserv Private Limited, A Company Incorporated Under The Companies Act, 1956 Having Its Registered Office At 7th Floor, Lodha Excelus, Apollo Mills Compound, N.m. Joshi Marg, Mahalaxmi, Mumbai, Maharashtra - 400011, India ? Company -and Lodha Finserv Private Limited v.

(National Company Law Tribunal)

CSP No. 865 of 2017 in CSA No. 364 of 2017 | 21-09-2017

V. Nallasenapathy, Member (T): Petition Admitted.

2.Petition fixed for hearing on 12thOctober, 2017.

3.Learned Advocate for the Petitioner states that in pursuance of the directions contained in Order dated 22ndJune, 2017 passed by the Tribunal in Company Scheme Application No. 364 of 2017, the meeting of Equity Shareholders was held on Monday, 7thAugust, 2017 and requisite quorum was present and the Scheme was approved unanimously by all the Equity Shareholders without any modifications. The Chairperson appointed for the meeting has filed his report dated 7thAugust, 2017 which is annexed as Annexure H to the Petition.

4.The Learned Advocate for the Petitioner Company further submits that the Company Scheme Petition is filed in consonance with Section 230 to 232 of the Companies Act, 2013 alongwith the order passed in Company Scheme Application No. 364 of 2017.

5.The Counsel for the Petitioner further submits that as directed by this Tribunal, notices have been served upon all the Regulatory authorities, namely, Central Government through Regional Director and Registrar of Companies, Mumbai, concerned Income Tax Authority and Reserve Bank of India. No representation is received by the Petitioner Company from any Regulatory Authority. The requisite information called for by the office of Regional Director and Reserve Bank of India has already been submitted by the Petitioner Company and no further information has been sought for.

6.At least 10 clear days before the date fixed for hearing, Petitioner to publish the Notice of hearing of Petition in two local newspapers, viz. Free Press Journal in English language and translation thereof, in Navshakti, in Marathi language, both having circulation in Mumbai as per Rule 16 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016.

7.The Petitioner to file an Affidavit of Service regarding the directions given by the Tribunal 3 (Three) days before the date fixed for final hearing and do report 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 (Judicial)
  • V. Nallasenapathy, Member (Technical))
Eq Citations
  • LQ/NCLT/2017/7198
Head Note

Companies Act, 2013 — Ss. 230 to 232 and 233 — Company Scheme Application — Directions — Petitioner to publish Notice of hearing of Petition in two local newspapers, at least 10 clear days before the date fixed for hearing — Petitioner to file an Affidavit of Service regarding the directions given by the Tribunal 3 (Three) days before the date fixed for final hearing and do report the Tribunal that the direction regarding the issue of advertisement of the notice has been duly complied with — Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, R. 16 — Newspapers In Re: