No Notice could be Served to Transferor Company after Amalgamation

Brief of the Case In the present case, the Hon’ble High Court held that notice could not be served to transferor company after the Amalgamation have been done. As, it will be contrary to law to serve the notice to a non-existing company. Facts of the Case The facts of the case are that the Proceedings under Section 391 of the Companies Act were initiated to amalgamate the said assessee with another company referred to as “transferee”. The order was sanctioned under amalgamation scheme on 22.12.2009; in its terms the appointed date was 01.04.2008. In other words, the amalgamation was w.e....