TMI Blog2016 (2) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... ited, the applicant Transferor Company with Asian Granito India Limited, the Transferee Company; as proposed between the applicant Company and its Shareholders and Creditors. 2. Heard Mrs.Swati Soparkar, learned advocate for the applicant Company. Submissions are made (i) praying for dispensation of the meeting of the Equity Shareholders of the applicant Company; and (ii) seeking directions for convening separate meetings of the Secured Creditors and Unsecured Creditors of the applicant Company. 3. It has been submitted that all the Equity Shareholders of the applicant Company have approved the Scheme in form of the written consent letters. All these consent letters are annexed with the application as Exhibit' D'. The certific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ressed to each of the Secured Creditors and Unsecured Creditors of the applicant Company, at their last known addresses. The lists of Secured Creditors and Unsecured Creditors with their names and addresses shall be placed on record by the applicant Company. A certificate shall be obtained from the Postal Department confirming the total number of dispatches so made. (iii) That at least 21 clear days before the meetings to be held as aforesaid, Notice convening the said meetings, indicating the day, the date, the place and the time as aforesaid be published, stating that copies of the Scheme of Arrangement, the Explanatory Statement required to be furnished pursuant to Section 393 of the Companies Act, 1956 and Form of Proxy can be obtain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prescribed form and duly signed by the person entitled to attend and vote at the aforesaid meetings, or by his authorized representative, is filed with the applicant Company at its registered Office at Radhu, not later than 48 hours before the said meeting. (viii) That the value of the vote of each creditor of the Company shall be as per the entries in the books of accounts of the applicant Company and where the entries in the records are disputed, the Chairman of the meetings shall determine the value or number for the purpose of the meetings and his decision in that behalf would be final. (ix) That the Chairman shall report to this Court, the result of the said meetings within 14 (Fourteen) days of the conclusion of the meetings ..... X X X X Extracts X X X X X X X X Extracts X X X X
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