IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH-IV

CP (CAA)/31/MB-IV/2023

IN

CA (CAA)/204/MB/2021

In the matter of

the Companies Act, 2013;

AND

In the Matter of

Section 230-232 of the Companies Act, 2013

and other applicable provisions of the

Companies Act, 2013 read with the

Companies (Compromises, Arrangements

and Amalgamations) Rules, 2016;

AND

In the matter of Merger by Absorption

Between

Equinox Realty Private Limited

(“Transferor Company No. 1”)

and

Shree Balaji Trustee Company Private

Limited

(“Transferor Company No. 2”)

and

Nirmit EPC Services Private Limited

(“Transferor Company No. 3”)

and

Arkay Holdings Limited

(“First Non-Petitioner Company or Fourth

Transferor Company”)

With

IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH-IV

CP (CAA)/31/MB-IV/2023

IN

CA(CAA)/204/MB/2021

_________________________________________________________________________________

Page 2 of 10

Niwas Residential and Commercial

Properties Private Limited

(“Second Non-Petitioner Company or

Transferee Company”)

And their respective Shareholders

Equinox Realty Private Limited

… First Petitioner Company/

[CIN: U45200MH2008PTC178502]

Transferor Company

Shree Balaji Trustee Company

Private Limited

… Second Petitioner Company/

[CIN: U93030MH2012PTC229114]

Transferor Company

Nirmit EPC Services Private Limited

… Third Petitioner Company/

[CIN: U74999MH2008PTC180441]

Transferor Company

Order delivered on: 14.06.2023

Coram:

Mr. Prabhat Kumar

Mr. Kishore Vemulapalli

Hon’ble Member (Technical)

Hon’ble Member (Judicial)

Appearances (through video conferencing) :

For the Petitioner(s) : Mr. Ajit Singh Tawar i/b

Ajit Singh Tawar & Co.,

Advocates for Petitioner

Companies.

For the Regional Director (WR) : Ms. Rupa Sutar, Deputy

Director.

ORDER

Per: Kishore Vemulapalli, Member (Judicial)

1.

The Bench convened through video conferencing.

IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH-IV

CP (CAA)/31/MB-IV/2023

IN

CA(CAA)/204/MB/2021

_________________________________________________________________________________

Page 3 of 10

2.

Heard the learned Counsel for the Petitioner Companies and the

representative of the Regional Director Western Region, Ministry

of Corporate Affairs, Mumbai.

3.

The sanction of the Tribunal is sought under section 232 read

with section 230 of the Companies Act, 2013 read with the

Scheme of Merger by Absorption Between Equinox Realty Private

Limited (First Petitioner Company or First Transferor Company)

Shree Balaji Trustee Company Private Limited (Second Petitioner

Company or Second Transferor Company) and Nirmit EPC

Services Private Limited (Third Petitioner Company or Third

Transferor Company) and Arkay Holdings Limited (First Non-

Petitioner Company or Fourth Transferor Company) With Niwas

Residential and Commercial Properties Private Limited (Second

Non-Petitioner Company or Transferee Company) and their

respective Shareholders. The Petitioner Companies are having its

registered offices within the jurisdiction of this Hon’ble Tribunal,

further the Transferor Company -4 and Transferee Company are

having the registered offices within the jurisdiction of Hon’ble

Tribunal, Chennai bench.

4.

That the First Petitioner Company is engaged in the business as

agents,

importers,

exporters,

buyers,

sellers,

stockiest,

distributors, processors, assemblers, dealers, traders, in all kinds

of goods including but not limited to consumers electronics,

domestic appliances, entertainment products, machineries,

equipments, media and content in all its forms, components and