In The Matter Of Brewton Consultants Private Limited & ORS. v. ....

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 169/2016

IN THE MATTER OF BREWTON CONSULTANTS PRIVATE

LIMITED & ORS.

..... Petitioners Through:

Mr.Mukesh Sukhija, Adv.

Ms.Aparna Mudiam, Assistant Registrar of Companies for Regional Director.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 02.05.2017 CA No. 870/2017 The present application filed on behalf of the applicants prays as follows:- " (A) Condone the delay in filing the Order passed by the Hon'ble High Court for (eighty nine) days by Transferor Company No.2,3 and 5; for 90 (ninety) days by Transferor Company No.1 and 4; for 95 (ninety five) days by Transferor Company No.6 and the Transferee Company for Sanction the Scheme of Amalgamation of Brewton Consultants Private Limited, Dacha Developers Private Limited, Pinkcity Sales Private Limited, River Properties Private Limited, RSS Petro Chern Private Limited And Shivam Plastocraft Private Limited With True Value Propmart Private Limited, with the office of Registrar of Companies;"

Issue notice.

Ms.Aparna Mudiam, Assistant Registrar of Companies accepts notice on behalf of the Regional Director and states that she does not wish to file a reply.

In the accompanying application, this Court vide order dated 18th October, 2016, sanctioned the scheme of amalgamation of Brewton Consultants Private Limited (Transferor Company No.1), Dacha Developers Private Limited (Transferor Company No.2), Pinkcity Sales

Private Limited (Transferor Company No.3), River Properties Private Limited (Transferor Company No.4), RSS Petro Chem Private Limited (Transferor Company No.5) and Shivam Plastocraft Private Limited (Transferor Company No.6), with True Value Propmart Private Limited (Transferee Company).

However, the clerk of the Counsel of the Petitioners is stated to have inadvertently missed out on applying for the certified copy of the said Formal Order, on time. Therefore, the Formal order which was applied for on the 21st January, 2017, was made available by the Registry to the Petitioners only on 6th March, 2017.

It is submitted on behalf of the applicants that although the applicants have complied with the directions contained in the said order dated 18th October, 2016, there was a delay of 89 days by Transferor Company No.2, 3 and 5; 90 (ninety) days by Transferor Company No.1 and 4; and 95 (ninety five) days by Transferor Company No.6 and the Transferee Company, in filing the said order dated 18th October, 2016, with the office of the Registrar of Companies. The facts as stated hereinabove are not controverted on behalf of the respondent. Consequently, in the interest of justice, the present application is allowed. The relief, as prayed for hereinabove, is allowed. The delay in filing the order, as noted hereinabove. with the office of the Registrar of Companies, for all the applicants, is hereby condoned. The present order be filed with the Registrar of Companies within thirty (30) days from today.

Application stands disposed of.

SIDDHARTH MRIDUL, J.

MAY 02, 2017

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