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High Court of DelhiCO.PET./342/2015

In The Matter Of Betterways Finance & Leasing Pvt. Ltd. & ORS v. ....

2016-02-24Hon'Ble Mr. Justice Rajiv Shakdher3 pages

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

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IN THE MATTER OF

BETTERWAYS FINANCE & LEASING PVT. LTD. & ORS ..... Petitioners Through: Mr Rajeev Kumar, Adv.

Ms Aparna Mudiam, Asstt. ROC for the RD.

Mr Rajiv Behl, Adv. for the OL.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 01.04.2016 CA 1227/2016 1.

This is an application seeking modification of order dated 24.02.2016 passed in CP No. 342/2015. It is averred that the modification is sought in view of certain typographical errors which have crept in the cause title and paragraph 1 of the judgement dated 24.02.2016. 2.

Issue notice.

3.

Ms Mudiam accepts notice on behalf of the RD, while Mr Behl accepts notice on behalf of the OL. They say that since the applicant only seeks correction of typographical errors, no reply needs be filed. 4.

To be noted, the error in the cause title pertains to the name of the transferor company nos. 4 & 7 and the transferee company. Further, in paragraph 1 of the judgement dated 24.02.2016, the error pertains to the name of the transferor company nos. 4, 5 & 7 and the transferee company. 5.

Accordingly, the correct cause title will thus read as follows: "IN THE MATTER OF

BETTERWAYS FINANCE & LEASING PRIVATE LIMITED ....... Petitioner No. 1/Transferor Company No. 1 AND LOTTE TRADING AND ALLIED SERVICES PRIVATE LIMITED ....... Petitioner No. 2/Transferor Company No.2 AND LOTUS FINANCE AND INVESTMENTS PRIVATE LIMITED ....... Petitioner No. 3/Transferor Company No. 3 AND MIDOPA HOLDINGS PRIVATE LIMITED ....... Petitioner No. 4/Transferor Company No.4 AND PENTAGON HOLDINGS PRIVATE LIMITED ....... Petitioner No. 5/Transferor Company No.5 AND UTKRIST LEASING PRIVATE LIMITED ....... Petitioner No. 6/Transferor Company No.6 AND XONIX ENTERPRISES PRIVATE LIMITED ....... Petitioner No. 7/Transferor Company No.7 WITH AGGRESAR LEASING AND FINANCE PRIVATE LIMITED ....... Petitioner No. 8/Transferee Company 6.

Similarly, paragraph 1 of the judgement dated 24.02.2016, will read as follows:

" This is a second motion petition filed jointly by Betterways Finance & Leasing Private Limited (i.e. petitioner no.1/ transferor company no.1) and Lotte Trading And Allied Services Private

Limited (i.e. petitioner no.2/ transferor company no.2) and Lotus Finance And Investments Private Limited (i.e. petitioner no.3/ transferor company no.3) and Midopa Holdings Private Limited (i.e. petitioner no.4/ transferor company no.4) and Pentagon Holdings Private Limited (i.e. petitioner no.5/ transferor company no. 5) and Utkrist Leasing Private Limited (i.e. petitioner no. 6/ transferor company no. 6) and Xonix Enterprises Private Limited (i.e. petitioner no. 7/ transferor company no. 7) alongwith Aggresar Leasing And Finance Private Limited (i.e. petitioner no.8/ transferee company), under Section 391 and 394 of the Companies Act, 1956 (hereafter referred to as the Act) for approval of the scheme of amalgamation (hereafter referred to as the scheme)."

7.

It is made clear, all other directions contained in the judgement dated 24.02.2016 shall remain unaltered. The application is, accordingly, disposed of.

8.

Dasti.

RAJIV SHAKDHER, J APRIL 01, 2016 kk