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2023 Supreme(Online)(NCLT) 3095

NATIONAL COMPANY LAW TRIBUNAL
KAYAN INVESTMENT & TRADING CO PVT LTD VS
C.P.(CAA) - 195/2022



Advocates:
For the Petitioner:MADAN KUMAR MAROTI

Connected with C.A (CAA) NO. 140 / KB /2022 A petition under section 230 read with section 232 of the Companies Act, 2013, read with the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, and other applicable provisions of law.

In the matter of:

A Scheme of Amalgamation of (Second Motion):

And In the matter of:

Abhi Plastics Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (CIN: U25202WB1985PTC039725) and having its Registered Office at P-355, Keyatala Road, Kolkata-700029 in the State of West Bengal.

… … … Transferor Company No 1 / Petitioner No 1 And Balaji Scales Private Limited, a company incorporated under the provisions of the Companies Act 1956 (CIN: U63031WB2003PTC096841) and having its Registered Office at 6A, Raja Subodh Mullick Square, 11th Floor, Office No. 1104, Kolkata-700013 in the State of West Bengal … … … Transferor Company No 2 / Petitioner No 2 And R F S L Exports Private Limited, a company incorporated under the provisions of the Companies Act,1956 (CIN: U51109WB1998PTC087291) and having its Registered Office at P-355, Keyatala Road, Kolkata-700029 in the State of West Bengal.

… … … Transferor Company No 3 / Petitioner No 3 And Sankatmochan Dealtrade Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (CIN: U51101WB2010PTC147302) and having its Registered Office at Connected with C.A (CAA) NO. 140 / KB /2022 Martin Burn House, 1, R.N. Mukherjee Road, 5th Floor, Room No.13, Kolkata-700001 in the State of West Bengal.

… … … Transferor Company No 4 / Petitioner No 4 And Kayan Investment & Trading Co Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (CIN: U67120WB1980PTC032545) and having its Registered Office at Martin Burn House 1, R.N. Mukherjee Road, 5th Floor, Room No. 12 Kolkata-700001, in the State of West Bengal.

… … … Transferee Company / Petitioner No 5 And In the Matter of:

1. ABHI PLASTICS PRIVATE LIMITED 2. BALAJI SCALES PRIVATE LIMITED 3. R F S L EXPORTS PRIVATE LIMITED

4. SANKATMOCHAN DEALTRADE PRIVATE LIMITED

5. KAYAN INVESTMENT & TRADING CO PRIVATE LIMITED …. …. …. Petitioners Date of Hearing:15/09/2023 Date of pronouncing the order:17/10/2023 CORAM:

SMT. BIDISHA BANERJEE, HON’BLE MEMBER (JUDICIAL)

SHRI ARVIND DEVANATHAN, HON’BLE MEMBER (TECHNICAL)

Appearance (via video conferencing/physically Ms. Manju Bhuteria, Adv. ] For the Petitioner Ms. Radhika Patodia, ACA ] Ms. Aisha Amin, Adv. ] Mr. Arihant Maroti, ACA ]

Mr. Sudhir Kapoor, JD ] For the office of the Regional Director, Eastern Region Connected with C.A (CAA) NO. 140 / KB /2022 Mr. Alok Tandon, JD ]

O R D E R

Per: Bidisha Banerjee, Member (Judicial):

1. The Court convened through hybrid mode today.

2. The instant Company Petition has been filed in the second stage of the proceedings under Section 230(6) read with Section 232(3) of the Companies Act, 2013 (“Act”) for sanction and confirmation of the Scheme of Amalgamation of

Abhi Plastics Private Limited Transferor Company No 1 / Petitioner No.1
Balaji Scales Private Limited Transferor Company No 2 / Petitioner No.2
R F S LExports Private Limited Transferor Company No 3 / Petitioner No. 3
SankatmochanDealtrade PrivateLimited Transferor Company No 4 / Petitioner No.4
Kayan Investment & Trading Co Private Limited Transferee Company / Petitioner No.5
With Kayan Investment & Trading Co Private Limited -Transferee Company /

Petitioner No.5whereby and where under the Transferor Companies are proposed to be amalgamated with the Transferee Company from the Appointed Date, 01st April, 2022 in the manner and on the terms and conditions stated in the said Scheme of Amalgamation (“Scheme”). A copy of the said Scheme is annexed to the Company Petition marked – Annexure A in VOL I at Page No 42 to 75.

3. It is submitted by Ld. counsel appearing for the Petitioner(s) thatas per the Scheme the Appointed Date is 01st April,2022.

4. It is submitted by Ld. counsel appearing fo

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