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Tribunals and CommissionsDivision Bench(2022) 03 TDSAT CK 0086

Indus Ind Media And Communications Limited vs Renuka Devi Gayathri Cable1 And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 31 March 2022

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, Chairperson · Subodh Kumar Gupta, Member
RESULT
Allowed
CASE NUMBER
Misc Application No. 59, 60, 61, 62 Of 2022 in Broadcasting Petition Nos. 151, 152, 153, 154 Of 2018
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Judgment

6 paragraphs · 350 words

This application has been preferred by the original petitioner under Order VI Rule 17 of the Code of Civil Procedure, 1908 for the amendment of the petition, specially the name of the petitioner.  The original petitioner – Indusind Media and Communication Ltd. company has been merged into "NXTDIGITAL Ltd."  To this effect an order has also been passed by National Company Law Tribunal (NCLT) on 21.8.2020 under the provision of the Companies Act 2013 to be read with the Companies Rules 2016.  The merger is made effective from 1.9.2020.

The petitioner is also seeking amendment in the memo of the petition by addition of paragraph AA as stated in paragraph 5 of the present M.A.

In view of the aforesaid facts and circumstances of the case and the order passed by NCLT dated 21.8.2020 which is at Annexure - A to the memo of this M.A. and also looking to the facts and circumstances of the case, paragraph AA, which has been mentioned in paragraph 5 to the present M.A., is permitted to be added in the Broadcasting Petition No. 151 of 2018.  We hereby allow this M.A.  The change of name of the petitioner is also allowed and now instead of the name of the original petitioner - Indusind Media and Communication Ltd. it shall be “NXTDIGITAL Ltd.” and paragraph AA which reads as under: -

“That the Petitioner Company,Indusind Media and Communications Ltd.., stands demerged and vested in the Applicant Company herein namely – NXTDIGITAL LTD, as a going concern basis as per the Order dated 21.08.2020 of the National Company Law Tribunal (NCLT) sanctioning the Scheme of Arrangement between Indusind Media and Communications Ltd. (Demerged Company) and NXTDIGITAL Limited (Resulting Company) and their respective shareholders and creditors (‘the Scheme’) Under Section 230 to 233 read with Sections 52 and 66 of the Companies Act, 2013. This is with effect from 01.09.20202.”         is hereby permitted to be added.

The M.A. is allowed and disposed of.

List the matter before the Court of Registrar on 2.5.2022 for passing necessary orders and directions to make the petition ready for hearing.