HIJ Entertainment LLP desires to amalgamate as transferor with LMN Exhibitors Ltd. Is it permissible ?

Yes, it is permissible as was held in the Matter of Scheme of Amalgamation between Real Image LLP v. Qube Cinema Technologies Private Limited . The National Company Law Tribunal, Chennai Bench in the order dated 11.06.2018 held that, "...the legislative intent behind enacting both the LLP Act, 2008 and the Companies Act, 2013 is to facilitate the ease of doing business and create a desirable business atmosphere for companies and... "For this purpose, both the Acts have provided provisions for merger or amalgamation of two or more LLPs and companies," noted the NCLT bench. "If the intention of Parliament is to permit a foreign LLP to merge with an Indian company, then it would be wrong to presume that the Act prohibits a merger of an Indian LLP with an Indian company. "Thus, there does not appear any express legal bar to allow/ sanction merger of an Indian LLP with an Indian company," National Company Law Tribunal, Chennai Bench taking such view decided by order dated 11th June 2018. The counsels submitted that Sections 60 to 62 of LLP Act and Sections 230 to 234 of the Companies Act, empowers National Company Law Tribunal to sanction a scheme put by the applicant entities. The Bench noted that there is no express legal bar to permit or sanction merger of Indian LLP with an Indian Company.