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NATIONAL COMPANY LAW TRIBUNAL
SHRI ANIL RAJ CHELLAN, HON’BLE MEMBER (JUDICIAL), SHRI K.R. SAJI KUMAR, HON’BLE MEMBER (TECHNICAL)
Errichter Infra Private Limited – Appellant
Versus
Hoabl Impactum Land Private Limited – Respondent
| Table of Content |
|---|
| 1. merger by absorption purpose and rationale. (Para 1 , 6 , 10) |
| 2. approval and clarification process regarding the merger. (Para 2 , 7 , 11 , 12) |
| 3. benefits and compliance of the merger with statutory obligations. (Para 8 , 14) |
| 4. court’s evaluation and determination on legality and benefits of the merger. (Para 19 , 20) |
| 5. final order and approval of the merger. (Para 25 , 26) |
ORDER
1. The present final motion Application is for the sanction of a Scheme of Merger by Absorption of Errichter Infra Private Limited (Transferor Company No. 1); Impactum Lands Private Limited (Transferor Company No. 2) and HOABL Landscapes Private Limited (Transferor Company No. 3) by HOABL Impactum Land Private Limited (Transferee Company) and their respective shareholders (Scheme) under Sections 2 30 to 232 of the Companies Act, 2013 (Act) read with the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (CCAA Rules).
2. Heard the Ld. Counsel for the Applicant Companies and the representative of the Regional Director, Western Region, Ministry of Corporate Affairs, Mumbai. Neither any objector has come before this Tribunal to oppose the Scheme, nor has any party controverted
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