Authority: National Company Law Tribunal, Division Bench, Court - 1, Ahmedabad

Order Date: 11/06/2026

Case Overview

This is a Company Petition (C.P.(CAA)26/(AHM)2026) filed by Alkem Medtech Ortho Private Limited on 08 May 2026 under Sections 230-232 of the Companies Act, 2013. The petition seeks the Tribunal's approval for a Composite Scheme of Amalgamation. A previous First Motion Petition order was passed on 27 March 2026 in CA(CAA)/9(AHM)2026, which had already dispensed with the requirement to convene meetings of the company's equity shareholders, secured creditors, and unsecured creditors. The current hearing was for the admission of the main petition and to issue directions concerning the publication of notices and their service to the concerned statutory authorities.

The Tribunal, after hearing the learned counsel for the petitioner company, referred to the statutory requirements under Section 230(5) of the Companies Act, 2013, read with Rules 8 and 16 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. These provisions mandate that notice of the scheme must be sent to various authorities to allow them to make any representations within a stipulated period.

Final Outcome

The Tribunal admitted the petition and passed the following directions:

1. Notices are to be issued to all authorities specified under Section 230(5) of the Act, including the Central Government (through the Ministry of Corporate Affairs), the Registrar of Companies (RoC), the Income Tax authorities, the Official Liquidator, the Reserve Bank of India, the Securities and Exchange Board of India, the Competition Commission of India, relevant stock exchanges, and any other applicable sectoral regulators.

2. Notices must be served by all modes, and an affidavit as proof of service must be filed within 7 days.

3. Specific email directives were issued for serving Form CAA.3 to:

  • The Jurisdictional Regional Director(s), Ministry of Corporate Affairs: rd.northwest@mca.gov.in
  • The RoC, Ahmedabad: roc.ahmedabad@mca.gov.in
  • The Official Liquidator, Ahmedabad: ol-ahmedabad-mca@nic.in
  • The concerned Income Tax Authorities and the Principal Chief Commissioner of Income Tax, Ahmedabad: ahmedabad.pccit@incometax.gov.in

4. Notice of the hearing must be published in two newspapers: one in English ('Times of India' National edition) and one in the vernacular language ('Sandesh' Gujarat edition). An affidavit proving this publication must be filed.

5. All authorities are directed to file any representations they may have within 30 days of receiving the notice. If no representation is received, it will be presumed they have no objections to the scheme.

6. The matter has been listed for its next hearing on 17 July 2026.

Topics: Corporate Restructuring, NCLT Proceedings