SEBI and Corporate Laws – July 15, 2019

224 SEBI & Corporate Laws - Reports [Vol. 154
to
make
appropriate
application
to
this
Tribunal
with
a
prayer
for
passing
an
appropriate^
order.
The
Interim
Resolution
Professional
shall
be
under
duty
to^
protect
and
preserve
the
value
of
the
property
of
the
‘Corporate
Debtor’
as
a^
part
of
its
obligation
imposed
by
Section
20
of
the
Code
and
perform
all
his
functions^
strictly
in
accordance
with
the
provisions
of
the
Code,
Rules
and
Regulations.^

The

Application

stands

admitted

in

terms

of

Section

9 ( 5 )

of

IBC,

2016.

A

copy^

of

the

order

shall

be

communicated

to

the

Applicant,

Corporate

Debtor

as^

well

as

to

learned

IRP,

namely,

Mr.

Brij

Kishore

Sharma

(Mob:

• 9314517929 )
  by^
  the
  Registry.
  In
  addition,
  a
  copy
  of
  the
  order
  shall
  also
  be
  forwarded
  to
  IBBI^
  for
  its
  records.
  Application
  is
  disposed
  of
  in
  terms
  of
  above
  order.

nn

[2019] 154 SCL 224/106 taxmann.com 175 (Calcutta)

HIGH COURT OF CALCUTTA

Dalgreen Agro (P.) Ltd.

v.

State of West Bengal

DEBANGSU BASAK, J.

W.P. NO. 499 OF 2018

MAY 3, 2019

Where in a scheme of amalgamation transferor company registered in State
of West Bengal does not have any immovable property within State of West
Bengal, rate of stamp duty for registering order granting sanction of scheme
of amalgamation will be half per cent of consideration paid by transferor
company for such amalgamation

Section 232 of the Companies Act, 2013, read with article 23 of Schedule 1A of the
Indian Stamp Act, 1899/Section 394 of the Companies Act, 1956 - Amalgamation

• Whether where in a scheme of amalgamation transferor company registered in
  West Bengal does not have any immovable property within State of West Bengal,
  rate of stamp duty for registering order granting sanction of scheme of amalga-
  mation will be half per cent of consideration paid by transferor company for such
  amalgamation - Held, yes [Para 9]