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2023 Supreme(Online)(NCLT) 2257

NATIONAL COMPANY LAW TRIBUNAL
NAKODA COTTON INDUSTRIES PRIVATE LIMITED VS


Advocates:
For the Petitioner:Dharmishta Raval

ORDER

1. This joint petition has been filed by the Petitioner Companies under Section 230 read with Section 232 and other applicable provisions of the Companies Act, 2013 (for brevity 'the Act') seeking sanction of the scheme of amalgamation (hereinafter called the “Scheme”) of the Nakoda Cotton Industries Private Limited (for brevity referred as “Transferor Company”) with MGN Agro Properties Private Limited (for brevity referred as “Transferee Company”) with effect from the 01/04/2022 being the Appointed Date as mentioned in the Scheme.

2. From the records, it is seen that the first motion application seeking directions for dispensation of the meeting of the equity shareholders, preference shareholders, secured and unsecured creditors of both the Petitioner Companies was allowed vide order dated 22.12.2022.

3. The 2nd motion joint petition was filed on 25.01.2023 and during the hearing on 07.02.2023, the Learned Counsel for the Petitioner Companies made an oral prayer that delay in filing second motion application be condoned. Considering the submissions, this Tribunal condoned the delay in filing the petition and admitted the petition directing issue of notices to the concerned stat

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