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NATIONAL COMPANY LAW TRIBUNAL
MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL), ATUL CHATURVEDI, MEMBER (TECHNICAL)
FUSION COSMECEUTICS PRIVATE LIMITED – Appellant
Versus
JUST4KIDS SERVICES PRIVATE LIMITED – Respondent
| Table of Content |
|---|
| 1. summary of petition for amalgamation. (Para 1 , 2 , 3) |
| 2. rationale for efficiency and stakeholder maximization. (Para 5 , 11) |
| 3. compliance with regulations and stakeholder protections. (Para 12 , 18 , 20 , 21) |
| 4. court's jurisdiction in approving corporate decisions. (Para 23 , 25) |
| 5. outcome of approval of the amalgamation scheme. (Para 29) |
ORDER
PER: MANNI SANKARIAH SHANMUGA SUNDARAM, MEMBER (JUDICIAL)
1. This is a second motion petition filed by the petitioner companies herein namely M/s Fusion Cosmeceutics Private Limited (hereinafter referred to Transferor Company /Petitioner Company No. 1) with M/s Honasa Consumer Limited (hereinafter referred to as Transferee Company/Petitioner Company No. 2) under sections 230-232 of Companies Act, 2013 , and other applicable provisions of the Companies Act, 2013 read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 in relation to the Scheme of Amalgamation (hereinafter referred to as the “SCHEME”) proposed between the petitioners.
2. The Transferor Company/Petitioner Company No. 1 i.e., M/s Fusion Cosmeceutics Private Limited is a private limited company which was incorporated on 30.06.2003, under
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