TMI Blog2016 (4) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... s sought in order to place on record a copy of the certificate from the Chartered Accountant confirming that there are no Secured Creditors of the Applicant Company, as on date. It has been submitted that though the said certificate has been referred to in the affidavit, it has been missed out due to oversight. Leave is hereby granted to place the same on record during the course of the day. 3. The present application is filed by Amazon Textiles Private Limited, the Applicant Demerged company. In the Judges Summons taken out, dated 21st April 2016, it has prayed for (i) dispensation of the meeting of the Equity Shareholders of the Applicant Company; and (ii) seeking directions for convening the meeting of the Unsecured Creditors of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held as aforesaid, Notice convening the said meeting, indicating the day, the date, the place and the time as aforesaid, together with a copy of the Scheme of Arrangement, copy of the Explanatory Statement required to be sent under Section 393 of the Companies Act, 1956 and the prescribed Form of Proxy shall be sent by a courier, addressed to each of the Unsecured Creditors of the Applicant Company, at their last known address. A list of the creditors with their names and addresses shall be placed on record. 8. That at least 21 clear days before the meeting to be held as aforesaid, Notice convening the said meeting indicating the day, the date, the place and time as aforesaid be published, stating that copies of the Scheme of Arrangemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n person or through authorized representative or through proxy. 12. That voting by proxy is permitted provided that the proxy in the prescribed form and duly signed by the person entitled to attend and vote at the aforesaid meeting, or by his authorised representative, is filed with the Applicant Company at its registered office at Ahmedabad, not later than 48 hours before the said meeting. 13. That the value of the vote of each Unsecured Creditor of the Company shall be as per the entries in the books of accounts of the company and where the entries in the records are disputed, the Chairman of the meeting shall determine the value or number for the purposes of the meeting and his decision in that behalf would be final. 14. That th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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