Dear Members,
In case of fast track mergers u/s 233 of companies act, 2013 can the meeting of creditors be dispensed off by obtaining approval of the scheme by way of an affidavit by 90% of the value of creditors??
My doubt is Section 230(9) speaks about the dispense of creditors meeting. But section 233 of companies act, 2013 starts with Non obstance clause which is "Notwithstanding the provisions of section 230 and section 232". So can we take reference of section 230(9) for dispensing of creditors meeting in case of fast track mergers u/s 233 of Companies Act, 2013.
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