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2016 (2) TMI 1120

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..... averred that 33 out of the total 35 have given their consent. A scrutiny of the documents filed alongwith joint application has revealed that one of the unsecured creditors has given its consent to the scheme prior to the scheme being sanctioned by the BOD of the transferee company. Notwithstanding the aforesaid discrepancy, the percentage of consents in terms of value and number are as follows: 97.28% in value and 91.43% in number. Accordingly, the prayer made for dispensing with the requirement of convening meetings of the unsecured creditors of the applicants is allowed. The reason for allowing the prayer made for dispensation of the requirement of convening meetings of the unsecured creditors of the applicants, is that, the percenta .....

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..... e State of Uttar Pradesh (UP) under the name and style : M.D.P. Consultants Private Limited. In 1997, the registered office of the transferee company was shifted from UP to Delhi. Thereupon, the name of the transferee company was changed twice, once to DHV India Private Limited in 2006, and then, with effect from 11.06.2013 to its present name viz., HaskoningDHV Consulting Private Limited. 5. The details qua the authorized, issued, subscribed and paid up capital of the applicants have been set out in paragraph 4 of the scheme. 6. The copies of Memorandum and Articles of Association as well as the latest audited annual accounts for the year ended 31.03.2015 of the applicants have been filed. 7. I am informed by the learned counsel f .....

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..... far as the unsecured creditors are concerned, in the case of the transferor company 39 out of 46 have given their consent. The percentage of consents in terms of value and number is as follows: 97.44% in value 84.78% in number. 11.1 As regards the unsecured creditors of the transferee company, it is averred that 33 out of the total 35 have given their consent. A scrutiny of the documents filed alongwith joint application has revealed that one of the unsecured creditors has given its consent to the scheme prior to the scheme being sanctioned by the BOD of the transferee company. Notwithstanding the aforesaid discrepancy, the percentage of consents in terms of value and number are as follows: 97.28% in value and 91.43% in number. 12. Ac .....

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