Case Law Details
Case Name : M/s. Kediya Ceramics (NCLT Ahemdabad)
Related Assessment Year :
Courts :
NCLT
Become a Premium member to Download.
If you are already a Premium member, Login here to access.
Ahemdabad Bench of National Company Law Tribunal (“NCLT”), in a recent case Kediya Ceramics [IA No. 254/NCLT/AHM/2017 in CA(CAA) No. 95/NCLT/AHM/2017] vide order dated 22.09.2017 has held that a partnership firm cannot participate in amalgamation proceedings under section 230-232 of the Companies Act, 2013 (“Act”). The brief facts of the said case are as follows:
Kediya Ceramics, a registered partnership firm entered into amalgamation proceedings as a transferor company. During the course of proceedings, a question arose for consideration of NCLT:
“Whether a registered partnership f...
This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Kindly Refer to
Privacy Policy &
Complete Terms of Use and Disclaimer.
Author Bio
well written artcile Deepali. You mentioned that NCLT has started permitting merger of firm and companies. any reported matter ?
if a partnership firm merge with a private limited company then whether the incentive getting by the firm situated in special economic zone like north east will continue of post merge.
I really appreciate the efforts behind writing this article.
I have a question after going through the article, As takeover and M&A are different from view point of companies but when we speak with regard to Partnership firm, is it possible that a Company can takeover a partnership firm ? OR Even that is restricted as specified above in the article.
Very knowledgeable article. A must read.