Whether a LLP can be amalgamated into a company under Section 232 of Companies Act, inspite of the disagreement of the Regional Director, North Western Region, MCA? – VFL Mercantile Pvt. Ltd. & Anr. – NCLAT New Delhi
In view of the aforesaid Rule 60 of the National Company Law Tribunal Rules, 2016, and also because of the divergence of opinion between the two Hon’ble Members of the NCLT, Ahmadabad, Bench, the matter now is said to be pending before the Office of the Registry of the NCLT, Ahmadabad, Bench for constitution of a Bench to decide the subject matter in issue. Whether a LLP can be amalgamated into a company under Section 232 of Companies Act, inspite of the disagreement of the Regional Director, North Western Region, MCA?. Viewed in that perspective, this Tribunal is of the considered opinion that the Present Appeal filed by the Appellant is per se not Maintainable in the eye of Law. When this legal position is brought attention of the Learned Counsel for the Appellant, at this stage, he sought permission from this Tribunal to withdraw the instant Appeal. Acceding to his request, the Present Appeal is dismissed as withdrawn, without costs. It is made clear in the event of Bench not being constituted till date, then it is open to the Appellant to move the Registrar of National Company Law Tribunal, Principal Bench, New Delhi for brining to the notice of the Hon’ble President of the National Company Law Tribunal, New Delhi, in the subject matter issue, within one week from today and to seek remedy for redressal of its grievance’s at an early date.