The rectification of procedural orders under the Companies Act emphasizes notice protocols for shareholders to ensure compliance with statutory requirements.

DIVISION BENCH ITEM NO.7

NATIONAL COMPANY LAW TRIBUNAL

ALLAHABAD BENCH

PRAYAGRAJ

IA No.67/2025 IN CA (CAA) No.29/ALD/2025 (First Motion)

CORAM:

1. SH. PRAVEEN GUPTA,

HON’BLE MEMBER (JUDICIAL)

2. SH. ASHISH VERMA,

HON’BLE MEMBER (TECHNICAL)

Date of Order: 28^th October, 2025

Attendance-Cum-Order Sheet of the Hearing.

NAME OF THE COMPANY TRIVENI ENGINEERING &

INDUSTRIES LIMITED WITH TRIVENI

POWER TRANSMISSION LIMITED

UNDER SECTION 230/232 OF COMPANIES ACT, 2013

COUNSEL APPEARED THROUGH PHYSICAL/ VIRTUAL HEARING: Sh. R.P. Agarwal, Sr. Adv. assisted by : For the Applicant Companies

Sh. Shubham Agarwal, Adv.

ORDER

IA No.67/2025

1. This application has been filed seeking rectification of the order dated

17.10.2025 passed in CA (CAA) No.29/ALD/2025 (First Motion) titled as ‘Composite Scheme of Arrangement of Triveni Engineering & Industries

Limited with Triveni Power Transmission Limited’.

2. Ld. Sr. Counsel along with his assisting counsel representing the Applicant

Companies points out that there are some inadvertent errors occurred in the

aforesaid order dated 17.10.2025.

3. He also points out that in para no.19(IV)(xi) at page no.23 of the aforesaid

order dated 17.10.2025, it has been directed to hold the meetings of the Applicant Company Nos.1 and 2 with respect to all its Equity Shareholders by sending e-mail as well as through speed post or by registered post or by

courier.

the list of the shareholders with respect to Applicant Company Nos.1 & 2 consists of 1,12,020 and 6,494 shareholders respectively, and hence due to large number of person to whom notices are to be issued, the notices through speed post/ courier or registered post may therefore be directed to be issued, only in case where there are no email addresses of the concerned shareholders available.

5. The aforesaid order dated 17.10.2025, therefore is rectified to the extent that the individual notices of the said meetings shall be sent by the Applicant Company nos.1 and 2 respectively, to all its Equity Shareholders, Secured Creditors and Unsecured Creditors through e-mail and in case email is not available, then either through speed post or by register post or by courier. The order would be deemed to be corrected/

rectified to the above extent.

6. He also further submits that by virtue of this rectification, now notices are to be issued by way of email or by way of courier/ speed post/ registered post, therefore the meetings which were earlier scheduled for 29.11.2025 at 10:00 AM, 01:00 PM and 03:30 PM, may therefore now be held on 07.12.2025. The time may be the same i.e. 10:00 AM, 01:00 PM and 03:30 PM respectively.

7. The correction therefore is also to be made in the order dated 17.10.2025, where the meeting of the Unsecured Creditor is mentioned at page no.16 of the said order at para 19(I)(C)(i) for 30.11.2025 at 03:30 PM, however the same is to be read as 29.11.2025 at 03:30 PM.

8. Therefore, the order dated 17.10.2025 is corrected to the above extent and all these three meetings would be held on 07.12.2025 at 10:00 AM, 01:00 PM and 03:30 PM respectively.

as referred to in para no.19(IV)(i) at page no.20 of the order dated 17.10.2025, it has been observed that the Chairperson, Co-Chairperson, Scrutinizer and concerned officials of the Applicant Companies will assemble at the place to monitor the proceedings of the meetings.

10. He submits that since the meeting is going to be held through VC and even the voting would be held through the same process, therefore, the Chairperson, Co-Chairperson and Scrutinizer will also have to be given the liberty to either assemble at the venue to monitor the proceedings, or hold the meeting through VC.

11. In view of above request, para no.19(IV)(i) at page no.20 of order dated

17.10.2025 is rectified to the extent of providing that the Chairperson, Co- Chairperson and Scrutiniser will attend the meeting at their convenience either through video conferencing or by assembling at the venue of the meeting.

12. Apart from the submissions made by the Ld. Sr. Counsel