Final order was supposed to be passed by NCLT on the scheme of arrangement (Demerger) on December 09, 2020, the appointed date of which is April 01, 2019, however, NCLT deferred the final order to now January month.

Taking into consideration the condition of mandatory holding of AGM by the end of this December month by virtue of MCA/respective ROC order, the Company is required to conduct AGM by end of this very December month for approval of its accounts from Shareholders and thereafter file respective forms with ROC.

The question is that, if the NCLT approves the demerger, the accounts are to be prepared again for transferor and transferor company and get it approved from their Shareholders in the respective AGM, since the appointed date is April 01, 2019, so will ROC accept filing of forms on account of this demerger, as before demerger, the AGM already took place and filing initiated OR what is going to be the scenario in such case ?

Opinions are invited in this regard please.