THE NATIONAL COMPANY LAW TRIBUNAL COURT V, NEW DELHI SPECIAL BENCH Under Rule 32 read with rule 11 of National Company Law Tribunal (NCLT) Rules, 2016 IN THE MATTER OF:

Prompt Steels Private Limited Registered Office at: B- 3/7, 1^st Floor, Yamuna Vihar, Delhi, 110053.

…Transferor Company/Applicant Company-1 AND Fancy Multitrade Private Limited Registered office at: B- 3/7, 1st Floor, Yamuna Vihar, Delhi, 110053.

…Transferor Company/Applicant Company-2 AND Prompt Enterprises Private Limited Registered office at: B- 3/7, 1^st Floor, Yamuna Vihar, Delhi, 110053.

…Transferee Company/Applicant Company-3 Order Pronounced on: 27.03.2025 CORAM:

SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL)

MS. ANU JAGMOHAN SINGH, HON’BLE MEMBER (TECHNICAL)

APPEARANCES:

For the Applicant: Ms. Visakha Raghuram, Adv.

ORDER

PER: MAHENDRA KHANDELWAL, MEMBER (JUDICIAL)

1. This application has been filed under Rule 32 read with Rule 11 of the NCLT Rules, 2016 seeking condonation of delay in filing the second motion petition before this Tribunal on behalf of the Applicant companies.

2. The applicant in the present application has prayed for the following reliefs: -

a) Pass an order condoning the delay of 446 days in filing the second motion petition under Section 230 to Section 232 of the Companies Act, 2013 on behalf of the Petitioner Companies.

b) Pass such further or other order or orders as this the Hon’ble Tribunal may deem fit and proper in the circumstances of this case and further justice.

3. Briefly stated the facts of the case as mentioned in the instant application, which are just and necessary for adjudication, are as follows: -

(a) That the present application is filed on behalf of the Applicant Companies under Rule 32 read along with Rule 11 of National Company Law Tribunal Rules, 2016, seeking approval from this Tribunal to condone the delay of 446 Days in the filing the second motion petition under Section 230 - 232 of the Companies Act, 2013 seeking sanction of Scheme of Arrangement for Amalgamation (‘Scheme’) between the Applicant Companies.

(b) The Applicant Companies had made an application under Section 230(1) of the Companies Act, 2013 before this Tribunal bearing Company Application No. CA(CAA) 48/(ND)/2023 seeking directions for convening/dispensation of meetings of equity shareholders, secured and unsecured creditors of the Applicant Companies. Upon consideration, this Tribunal vide its order dated August 02, 2023 had dispensed with the requirement of convening and holding meetings of equity shareholders, and unsecured creditors of the Applicant Company 1 and the Applicant Company 2 and ordered the directions for convening the meetings of the equity shareholders, secured and unsecured creditors of the Applicant Company 3. The Applicant Company 3 in compliance with the said Order, scheduled the meetings of its equity shareholders, secured and unsecured creditors on September 22, 2023.

(c) Further, on September 22, 2023, all the equity shareholders, secured and unsecured creditors of the Applicant Company 3 present at their respective meetings unanimously voted in favor of the Scheme. That as directed in the Order, the report of the Chairperson of the said meeting of the equity shareholders, secured and unsecured creditors of the Applicant Company 3 was duly filed before this Tribunal on September 29, 2023 vide filing No. 0710102030072023. However, due to an unfortunate series of family events during the past year, the Authorized Representative was constrained from filing the Petition on behalf of the Applicant Companies with the Tribunal within the statutory period of 7 (seven) days.

(d) In January 2023, the Authorized Representative lost his father after a prolonged illness. Further, in December 2023, the mother-in-law, of the Authorized Representative who had been struggling in the hospital, passed away. Recently, in July 2024, the Authorized Representative experienced the sad demise of his grandmother. Further, the aforesaid demise caused him i