E-City Real Estates Pvt. Ltd. v. Registrar Of Companies

Chittewan 1/2 921.cal 366-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.366 OF 2016 IN COMPANY SCHEME PETITION NO.157 OF 2015 E-City Real Estates Private Limited ...

Applicant Company

Versus

Registrar of Companies ...

Respondent .....

Mr. Hemant Sethi for the Applicant Company.

Mrs. Purnima Awasthi for ROC.

.....

CORAM : S.C.GUPTE, J.

DATE : 5 MAY 2016.

P.C. :

.

This Company Application seeks condonation of delay in filing Form INC-28 by the Applicant. The filing of such form is necessary, having regard to the scheme of arrangement, which not only resulted into amalgamation of the transferor and transferee companies under Sections 391 to 394 of the Companies Act but also reduction of the share capital of the transferee company under Sections 100 to 103 of the Companies Act, 1956. The scheme was sanctioned by this Court on 8 May 2015. The relevant form has already been filed for the purpose of Sections 391 to 394 of the Companies Act. There was an objection that such Form was not filed for the purpose of Sections 100 to 103 of the Companies Act. This was only a technical lapse. For the reasons stated, the Company Application is allowed in terms of prayer-(a). No order as to costs.

Chittewan 2/2 921.cal 366-16.doc Registrar of Companies to act on an authenticated copy of this order.

(S.C.GUPTE, J.)