Page 1 of 11

IN THE NATIONAL COMPANY LAW TRIBUNAL

KOLKATA BENCH

KOLKATA

C.P. (CAA) No. 47/ KB/ 2021

Connected with

C.A. (CAA) NO. 1235/KB/2020

In the matter of:

The Companies Act, 2013

And

In the matter of:

A petition under section 230 read with section 232 and other applicable

provisions of Companies Act, 2013

And

In the matter of:

SWASTIK BUYERS PRIVATE LIMITED, a company incorporated under

the Companies Act, 1956, having CIN U74999WB1996PTC077536, and

having its registered office at 304, Chandan Niketan, Third Floor 52A,

Shakespeare Sarani, Kolkata – 700017

…..First Petitioner Company

And

In the matter of:

PONTIAC

DISTRIBUTORS

PRIVATE

LIMITED,

a

company

incorporated

under

the

Companies

Act

1956,

having

CIN

U51909WB1997PTC083700, and having its Registered Office at 304,

Chandan Niketan, 52A, Shakespeare Sarani, Kolkata – 700017

In the National Company Law Tribunal,

Kolkata Bench

Swaastik Buyers Pvt. Ltd & Ors

CP (CAA) 47/KB/2021 connectd with C.A. (CAA) No. 1235/KB/2020

Page 2 of 11

….. Second Petitioner Company

And

In the matter of:

BENGAL ISHA INFRASTRUCTURE LIMITED, a company incorporated

under the Companies Act 1956, having CIN U65921WB1990PLC048231, and

having its registered office at 304, Chandan Niketan, 52A, Shakespeare

Sarani, Kolkata – 700017

…..Third Petitioner Company

And

In the matter of:

ISHA PROJECTS PRIVATE LIMITED, a company incorporated under the

Companies Act 1956, having CIN U51109WB1994PTC066851, and having

its registered office at 304, Chandan Niketan, Third Floor, 52A, Shakespeare

Sarani, Kolkata – 700017

…..Fourth Petitioner Company

And

In the matter of:

SAMIRAN UDYOG PRIVATE LIMITED, a company incorporated under

the Companies Act 2013, having CIN U18100WB2018PTC225017 and

having its registered office at 304, Chandan Niketan, Third Floor, 52A,

Shakespeare Sarani, Kolkata – 700017

…..Fifth Petitioner Company

And

In the National Company Law Tribunal,

Kolkata Bench

Swaastik Buyers Pvt. Ltd & Ors

CP (CAA) 47/KB/2021 connectd with C.A. (CAA) No. 1235/KB/2020

Page 3 of 11

In the matter of:

NEXTEL REALTY PRIVATE LIMITED, a company incorporated under

the Companies Act 1956, having CIN U74900WB2013PTC197137 and

having its registered office at 304, Chandan Niketan, 52A, 3^rd Floor,

Shakespeare Sarani, Kolkata – 700017

….Sixth Petitioner Company

And

In the matter of:

1. Swastik Buyers Private Limited

2. Pontiac Distributors Private Limited

3. Bengal Isha Infrastructure Limited

4. Isha Projects Private Limited

5. Samiran Udyog Private Limited

6. Nextel Realty Private Limited

….Petitioner Companies

Date of hearing – 11.11.2021

Date of pronounment of Order – 06.12.2021

Coram

Shri Rajashekhar V.K., Member (Judicial)

Shri Balraj Joshi, Member (Technical)

Counsel appeared through video conferencing –

1. Ms. Barsha Dikshit, Pr. CS

……For Petitioners

2. Mr. Harihara Sahoo, Joint Director, Office of the Regional Director,

Eastern Region, Ministry of Corporate Affairs

In the National Company Law Tribunal,

Kolkata Bench

Swaastik Buyers Pvt. Ltd & Ors

CP (CAA) 47/KB/2021 connectd with C.A. (CAA) No. 1235/KB/2020

Page 4 of 11

ORDER

Per: Balraj Joshi, Member (Technical):

1. The Court convened by video conference today.

2. The instant petition has been filed under section 230 (6) read with

section 232 (3) of the Companies Act, 2013 (‘Act’) for sanction of the

Composite Scheme of Arrangement between (a) Swastik Buyers

Private Limited (“Petitioner No. 1”); (b) Pontiac Distributors

Private

Limited

(“Petitioner

No.

2”);

(c)

Bengal

Isha

Infrastructure Limited (“Petitioner No. 3”); (d) Isha Projects

Private Limited (“Petitioner No. 4”); (e) Samiran Udyog Private

Li