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2025 Supreme(Online)(NCLT) 141

NATIONAL COMPANY LAW TRIBUNAL
ANIL RAJ CHELLAN, K. R. SAJI KUMAR, JJ
ALPS HOSPITAL LIMITED VS


Advocates:
For the Petitioner:ALOK KUMAR KUCHHAL

ORDER

Per: Coram

1. This is an Application for approval of a Scheme of Amalgamation of Alps Hospital Limited (Applicant Company 1/ Transferor Company) with Max Hospital Limited (Applicant Company 2/ Transferee Company) and their respective Shareholders under Section 230-232 of the Companies Act, 2013 (Act), read with the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (CCAA Rules) and in compliance with the provisions of the Income-Tax Act, 1961 .

2. The Ld. Counsel for the Petitioner Companies submits that the Transferor Company and the Transferee Company are wholly owned subsidiaries of Max Healthcare Institute Limited and are the closely held companies.

3. The Ld. Counsel for the Petitioner Companies further submits that Board of Directors of Transferor Company and Transferee company in their respective meetings held on 16.05.2022 have approved the said Scheme.

4. It is also submitted that the Appointed Date of the Scheme was originally approved as 01.04. 2021. However, since the appointed date mentioned in the Scheme has now become ante-dated, the Board of Directors of both the Transferor Company and the Transferee Company, in their respective Board Meetings, d

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