Under the framework of Sections 230 to 232 of the Companies Act, 2013, in case of a merger or amalgamation, the meetings of shareholders and creditors are conducted after obtaining and in compliance with the NCLT's direc

Rule 15 of the Companies (Compromise, Arrangement and Amalgamation) Rule, 2016 provides as follows: Where the proposed compromise or arrangement is agreed to by the members or creditors or both as the case maybe with or without modification, the company (or its liquidator) , shall, within seven days of the filing of the report by the chairperson , present a petition to the tribunal in Form No.CAA.5 for sanction of the scheme of compromise or arrangement. Where a compromise or arrangement is proposed for the purposes of or in connection with scheme for the reconstruction of any company proposed for the purposes of or in connection with scheme for the reconstruction of any company or companies or for the amalgamation of any two or more companies, the petition shall pray for appropriate orders and directions under section 230 read with section 232 of the Act. Where the company fails to present the petition for confirmation of the compromise or arrangement as aforesaid, it shall be open to any creditor or member as the case may be, with the leave of the tribunal, to present the petition and the company shall be liable for the cost thereof. Therefore, the company (or its liquidator) is responsible for filing the Second Motion Application, and it must be filed within seven days of the chairperson's report.