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Bombay High CourtCA/955/2015absolute

Knowledge City Education Private Limited v. 0

2015-09-28Hon'Ble Shri Justice S.C. Gupte3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.955 OF 2015 IN COMPANY SCHEME PETITION NO.46 OF 2015 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO.930 OF 2014 Knowledge City Education Pvt. Ltd.

...Petitioner

WITH COMPANY APPLICATION NO.956 OF 2015 IN COMPANY SCHEME PETITION NO.47 OF 2015 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO.931 OF 2014 Image Realty Pvt. Ltd.

...Petitioner

.....

Mr. Rajesh Shah, i/b. Rajesh Shah & Co., for the Applicant. Mr. A.R. Varma, for RD.

.....

CORAM: S.C. GUPTE, J.

DATE : 28 SEPTEMBER, 2015.

P. C. :

.

The Company Application seeks amendment of a scheme sanctioned by this Court on 14 August 2015. The amendment is necessary as a result of certain technical reasons on account of which the Applicant Company is not in a position to get transferred and/or develop certain lands on account of not being part of the Master Plan and due to litigation. As a result, it is necessary to amend the relevant clause of the scheme of arrangement and to clarify and capture the correct definition of the

2/3 demerged business being transferred in pursuance of the sanctioned scheme. The Transferor and Transferee Companies in the present case are closely held Companies. The shareholders of both the Companies have given their consent to the amendment. No other stakeholders are affected as a result of the amendment. The Regional Director has no objection to the amendment being allowed.

2.

In the premises, the Company Application is allowed in terms of prayer clauses (a), (b) and (c). The Applicant is permitted to file the amended scheme and authenticated copy of the amended scheme together with the orders passed on 14 August 2015 and today before the ROC in pursuance of prayer clauses (b) and (c) within a period of 60 days of today's order.

3.

All concerned authorities to act on a copy of this order and order dated 14 August 2015 along with amended Scheme and Form of Minutes (annexed as Exhibit "I" to the Company Scheme Petition No.47 of 2015) duly authenticated by Company Registrar, High Court, (O.S.), Bombay. Company Application is accordingly disposed of. (S.C. Gupte, J.)

3/3 CERTIFICATE Certified to be true and correct copy of the original signed Judgement/Order.