JUDGEMENT

[Per; Shreesha Merla, Member (T)]

1. Aggrieved by the Order dated 23.09.2021, passed by the NCLT (National Company Law Tribunal, New Delhi, Court-II) in C.A.(CAA)- 84/ND/2021, the Appellants „M/s. Ericsson India Private Limited‟ (the ‘Transferor Company’) and „M/s. Ericsson India Global Services Limited‟ (the ‘Transferee Company’) preferred this Appeal. By the Impugned Order, the NCLT has dismissed the Application C.A.(CAA)-84/ND/2021, filed under -2- Company Appeal (AT) No. 148 of 2021 Sections 230 to 232 of the Companies Act, 2013, (hereinafter referred to as the ‘Act’) praying to dispense with convening and holding of the Meeting of Shareholders and Creditors in relation to the ‘Transferor and Transferee Companies’ for approval of the Scheme of Amalgamation which shall take effect from the appointed date on 01.04.2021. The NCLT while dismissing the Application observed as follows: “25. That we further notice that there are 473 Unsecured Creditors representing a total outstanding unsecured debt of Rs.24,640.21 million as on 30.06.2021 against the Transferor Company.

Similarly, there are 177 Unsecured Creditors representing a total outstanding unsecured debt of