Case Details
Case Name: IN THE MATTER OF Pitti Industries Pvt Ltd (Amalgamating Co.1) And Dakshin Foundry Pvt Ltd (Amalgamating Co.2) And Pitti Engineering Limited (Amalgamated Co.)
Court/Authority: National Company Law Tribunal (NCLT), Hyderabad Bench – II
Case Numbers: CP (CAA) No. 18/230/HDB/2026 connected with CA (CAA)No.12/230/HDB/2026
Hearing Date: May 22, 2026
Presiding Members: Shri. Rajeev Bhardwaj, Hon'ble Member (Judicial) and Shri. Sanjay Puri, Hon'ble Member (Technical)
Legal Provision: Proceedings under Section 230-232 of the Companies Act, 2013
Parties Involved
Petitioners: Pitti Industries Pvt Ltd, Dakshin Foundry Pvt Ltd, and Pitti Engineering Limited
Representative: Ms. Suman Bijarnia, PCS (Practicing Company Secretary) for the Petitioners
Issues / Allegations / Violations
This is a procedural hearing for a scheme of amalgamation under Sections 230-232 of the Companies Act, 2013. There are no allegations or violations cited. The matter pertains to obtaining necessary approvals for the proposed amalgamation of Pitti Industries Pvt Ltd and Dakshin Foundry Pvt Ltd into Pitti Engineering Limited.
Findings & Observations
The Tribunal noted that a First Motion Petition order was already passed on April 10, 2026, in CA (CAA) No.12/230/HDB/2026. In that order:
- Meetings of the Equity Shareholders and Unsecured Creditors of all Applicant Companies were dispensed with.
- Meetings of the Secured Creditors of the Third Applicant Company (Pitti Engineering Limited) were also dispensed with.
The Tribunal observed that Section 230(5) of the Companies Act, 2013 and Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 mandate the issuance of notices to statutory authorities for them to make any representations on the proposed scheme.
Penalties / Settlements / Directions
No penalties or settlements were ordered. The Tribunal issued the following procedural directions:
- The Petitioners are directed to issue notices in Form CAA.3 to the authorities specified in Section 230(5) of the Act.
- Notices must be sent to:
- The Central Government through the Ministry of Corporate Affairs (Jurisdictional Regional Directors).
- The Regional Director, South Eastern Region, Hyderabad via email (rd.ser@mcl.gov.in).
- The Registrar of Companies (RoC), Hyderabad via email (roc.hyderabad@mca.gov.in).
- The Official Liquidator via email (ol-hyderabad-mca@nic.in).
- The Income Tax Authorities via email (hyderabad.pccit@incometax.gov.in).
- Any other applicable Statutory or Sectoral Regulators.
- Notices must also be published in one English and one Vernacular daily newspaper as per Rule 7 of the Rules.
- Proof of service and proof of publication must be filed by way of an affidavit before the next date of hearing.
- All authorities are directed to file any representations within 30 days from the date of receipt of the notice. If no representation is received, it will be presumed they have no objection.
Corrective Actions & Future Obligations
The Petitioners are obligated to comply with the notice issuance and publication directives. They must file proof of compliance with the Tribunal. The authorities receiving the notice have the future obligation to review the scheme and submit any representations within the stipulated 30-day period.
Final Ruling & Enforcement
The Tribunal listed the matter for the next hearing on July 17, 2026. The order will be enforced upon the completion of the notice process and the filing of representations (or lack thereof) by the statutory authorities.