2012 (10) TMI 628

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..... tions 391 to 394 of the Companies Act, 1956 filed by International Airconditioning Products Private Limited (hereinafter referred to as Transferor Company 1) and Systemair Software Private Limited (hereinafter referred to as Transferor Company 2) and Systemair India Private Limited (hereinafter referred to as Transferee Company) in respect of a Scheme of Amalgamation (Scheme for short) between the .....

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..... n. 5. Learned counsel for the Applicant Companies submits that no proceedings under Section 235 to 251 of the Companies Act, 1956 are pending against the Applicant Companies. 6. The status of equity shareholders, secured and unsecured creditors of the Applicant Companies and the consents obtained by them for the proposed scheme is as below: Company No. of shareholders Consents given No. of S .....

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..... f the Secured Creditors of the Transferor Company 1. In view of the consent letters/NoC's placed on record by the Applicant Transferor Company 1, the meeting of the Secured Creditors of the Applicant Transferor Company 1 is dispensed with. 10. The Applicant Transferor Company 2 has Nil Secured Creditors. Copy of the Certificate issued by the Chartered Accountant showing that the Applicant Transfe .....

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..... pplicant Transferor Company 1 has 117 Unsecured Creditors out of which 94 have been paid off as on date by the Applicant Transferor Company 1. Out of remaining 23 unpaid unsecured creditors, 17 unsecured creditors have given their consents to the scheme. Learned counsel of the Transferor Company 1 submits that out of the total unsecured creditors, 94.87% in numbers representing 99.25% in value hav .....

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..... as on date. Out of remaining 17 unpaid unsecured creditors, 11 unsecured creditors have given their consents to the scheme. Learned counsel of the Transferor Company 1 submits that out of the total unsecured creditors, 97.14% in numbers representing 98.96% in value have either been paid off or Consent Letters have been received. Therefore meeting of the Unsecured Creditors of the Transferee Compan .....

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