2025 Supreme(Online)(NCLT) 963
NATIONAL COMPANY LAW TRIBUNAL
ALANKAR SHOPPERS LLP VS
C.P.(CAA) - 25/2025
For the Petitioner:CA Gopal Kumar Khetan
Connected with
LLP Application C.A.(CAA) No. 2/KB/2025
A Petition under Sections 60 to 62 of the Limited Liability
Partnership Act, 2008 read with Rule 35 of the Limited Liability
Partnership Rules, 2009.
In the matter of:
DHANPRAYAG VINCOM LLP, (hereinafter referred as the Transferor LLP No. 1) having LLPIN: AAD-6902, a LLP within the meaning of LLP Act, 2008 having its registered office at 18 Rabindra Sarani , Poddar Court, Gate No - 3, 5th Floor, Lalbazar, Kolkata West Bengal, India,
700001.
…… Transferor LLP No. 1
And
HARSHITA FINANCIAL ADVISORY LLP, (hereinafter referred as the Transferor LLP No.2) having LLPIN: AAD-6903, a LLP within the meaning of LLP Act, 2008 having its registered office at 18 Rabindra Sarani ,Poddar Court, Gate No - 3,5th Floor, Lalbazar, Kolkata, West Bengal,
India, 700001.
……Transferor LLP No. 2
And
KAUSHAL TRACOM LLP, (hereinafter referred as the Transferor LLP
No.3) having LLPIN: AAD-6909, a LLP within the meaning of LLP Act,
Connected with LLP Application C.A.(CAA) No.2/KB/2025
2008 having its registered office at 18 Rabindra Sarani , Poddar Court, Gate No-3, 5th Floor, Lalbazar, Kolkata, West Bengal, India, 700001.
…… Transferor LLP No. 3 And SWARNIM DEALTRADE LLP, (hereinafter referred as the Transferor LLP No.4) having LLPIN No. AAD-6904, a LLP incorporated under the provisions of Limited Liability Partnership Act, 2008, on March 31, 2015, having its registered office at 18 Rabindra Sarani , Poddar Court, Gate No-3, 5th Floor, Lalbazar, Kolkata, West Bengal, India, 700001.
..…. Transferor LLP No. 4 With ALANKAR SHOPPERS LLP, (hereinafter referred as the Transferee LLP) bearing LLPIN: AAD-6901, a LLP within the meaning of LLP Act, 2008 having its registered office at 18 Rabindra Sarani , Poddar Court, Gate No - 3,5th Floor, Lalbazar, Kolkata, West Bengal, India, 700001.
……….. Transferee LLP IN THE MATTER OF:
1. Dhanprayag Vincom LLP
2. Harshita Financial Advisory LLP
3. Kaushal Tracom LLP Connected with LLP Application C.A.(CAA) No.2/KB/2025
4. Swarnim Dealtrade LLP ……… PETITIONERS / TRANSFEROR LLPs
1. Alankar Shoppers LLP ……PETITIONER/TRANSFEREE….LLP Coram:
Shri Labh Singh : Member (Judicial)
Ms. Rekha Kantilal Shah : Member (Technical)
Appearances:
i. Mr. Gopal Kumar Khetan, FCA Date of Pronouncement-: 30/04/2025
ORDER
Per: Rekha Kantilal Shah, Member (Technical):
1) This is a petition filed under sections 60 to 62 of the LLP Act, 2008 read with the Rule 35 of the Limited Liability Partnership Rules, 2009 filed by the Applicant LLPs, namely Dhanprayag Vincom LLP (Transferor LLP No. 1), Harshita Financial Advisory LLP (Transferor LLP No. 2), Kaushal Tracom LLP (Transferor LLP No. 3), Swarnim Dealtrade LLP (Transferor LLP No. 4) with Alankar Shoppers LLP (Transferee LLP) in connection with a proposed Scheme of Amalgamation of the Applicant LLPs (“Scheme”). The Appointed date as per the Scheme is 1st April, 2024 as mentioned in the scheme Connected with LLP Application C.A.(CAA) No.2/KB/2025 of amalgamation annexed on the petition vide Annexure-A from page
22 to 47 of the Petition.
2) Heard the Ld. Counsel / Authorized Representative of the Petitioner. The First Motion Petition order was passed on 23rd January, 2025 in Company Application (CAA) No. 2/KB/2025. In terms thereof, the meeting of shareholders/creditors were ordered/dispensed with under sections 60 to 62 of the LLP Act, 2008 read with the Rule 35 of the Limited Liability Partnership Rules, 2009.
3) Authorized Representative for the Petitioners further submit that in compliance with Section 60-62 of the Limited Liability Partnership Act, 2008 provides for issuance of Notice on such Petitions.
4) Section 61 of The Limited Liablity Partnership Act, 2008 reads as follows-:
“61. Power of Tribunal to enforce compromise or arrangement.—(1) Where the Tribunal makes an order under section 60 sanctioning a compromise or an arrangement in respect of a limited liability partnership, it—
(a) shall have power to supervise the carrying out of the compromise or an arrangement; and (b)