ABC and Co. (P) Ltd. and XYZ Ltd. have finalized a scheme of arrangement. The registered offices of both the companies are located in Delhi. A joint-petition is proposed to be filed before the Tribunal for sanction of th

According to Rule 3(2) of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, where more than one company is involved in a scheme in relation to which an application under sub-rule (1) is being filed, such application may, at the discretion of such companies, be filed as a joint-application. Where more than one company is involved in a scheme, such application may, at the discretion of such companies, be filed as a joint-application. In case, the registered office of the companies involved is in different states, there will be two Tribunals having the jurisdiction over those. Both the companies shall have to file separate petition with the respective Tribunals. However, as a matter of practice and smother the process, first registered office of companies may be shifted as per section 12 of the Companies Act, 2013 to a single jurisdiction. In case of merger application of Dhanrashi Dealcomm Private Limited, Subhshiv Commotrade Private Limited, Touchwin Dealer Private Limited, Trideva Vinimay Private Limited, Dhanganga Commotrade Private Limited, Quality Retailers Private Limited, being the Applicant No. 2, 3, 4, 5, 6, 7 ("Transferor Companies") with Karni Plaza Makers Private Limited Transferee company joint application was admitted by NCLT. The same saves lot of time/cost and provide convenience. Similarly in case of M/s Sun Pharma Medisales Pvt. Ltd. & Others (Joint Application) NCLT Bench: Ahmedabad allowed joint petition.