TMI Blog2017 (6) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... s 230 to 232 of the Companies Act, 2013 seeking directions to convene and hold meeting of equity shareholders of the applicant company for the purpose of considering and if thought fit, approving, with or without modification, a Scheme of Arrangement in the nature of Demerger of Pharma Undertaking of Colourtex Industries Private Limited (Demerged Company) to Sachin Health Care Private Limited (Resulting Company). 3. The applicant is a private limited company. The issued subscribed and paid up share capital of the applicant company is ₹ 1,00,000/- in the form of 10,000 equity shares of ₹ 10/- each. It is stated in the application that the Board of Directors of the applicant company approved the proposed Scheme of Arrangement, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Amalgamations) Rules, 2016 and Rules 20 and 22 of the Companies (Management and Administration) Rules, 2014, the Applicant-company is required to provide the facility of postal ballot and e-voting to its shareholders. Accordingly, voting by equity shareholders of the Applicant-company to the scheme shall be carried out through (i) postal ballot and e-voting; and (ii) electronic voting system or ballot or polling paper at the venue of the meeting to be held on 15th June, 2017. (3) At least one month before the date of the aforesaid meetings, an advertisement about convening of the said meetings, indicating the day, date, place and time as aforesaid, shall be published in Indian Express English Daily and Gujarati Daily Sandesh , havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jayantibhai Jariwala, Director shall be the chairman of the aforesaid meeting to be held on 15th June, 2017 and in any adjourned meeting(s). (6) Ms. Neelam Jain, practicing Company Secretary is appointed as Scrutinizer for the meeting of equity shareholders, preference shareholders, unsecured creditors and secured creditors of the applicant company. (7) The Chairperson appointed for the aforesaid meeting shall issue advertisements and send out notice of the meeting referred to above. The Chairperson is free to avail the services of the applicant company or any agency for carrying out the aforesaid directions. The Chairperson shall have all powers under the Articles of Association of the applicant company and also under the Rules in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report to this Tribunal that the directions regarding issuance of notices and advertisement of meeting have been duly complied with as per Rule 12 of Companies (CAA) Rules, 2016. (12) It is further ordered that the Chairperson shall report to this Tribunal on the result of the meeting in Form CAA 4, verified by his affidavit, as per Rule 14 of the Companies (CAA) Rules, 2016 in Form CAA 4 within 7 (seven) days after conclusion of the meeting. (13) In compliance of sub-section (5) of Section 230 and Rule 18 of the Companies (CAA) Rules, 2016, the applicant company shall send a notice of meeting under sub-section (3) of Section 230 read with Rule 6 of the Companies (CAA) Rules, 2016 in Form No. CAA.3 along with a copy of the Scheme of A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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