TMI Blog2016 (2) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... BHILASHA KUMARI MRS SWATI SOPARKAR, ADVOCATE FOR THE APPLICANT ORAL ORDER 1 This application is filed by the above named Applicant Transferor Company by summons dated 12th February 2016, filed under Secs.391 to 394 of the companies Act, 1956, in a proposed Scheme of Amalgamation of Arvind Envisol Private Limited, the Applicant Transferor Company with Arvind Accel Limited, as propos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of the Equity Shareholders of the Applicant Company. Considering the above facts and circumstances and the submissions advanced, the same is hereby granted. 4 It has been submitted that there are no Secured Creditors as confirmed by the certificate from the Chartered Accountant. However, the applicant has prayed to convene a meeting of the Unsecured Creditors of the company to obtain their ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lanatory Statement required to be sent under Section 393 of the Companies Act, 1956 and the prescribed Form of Proxy shall be sent by a prepaid letter posted under Book Post, addressed to each of the Unsecured Creditors of the Applicant Company, at their last known addresses. 7 That at least 21 clear days before the meeting to be held as aforesaid, Notice convening the said meetings indicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be held on 26th March 2016 and in respect of any adjournment or adjournments thereof. 9 That the Chairman appointed for the aforesaid meeting shall issue advertisements and send out notices of the said meeting referred to above. It is further directed, that the Chairman of the meeting shall have all powers under the Articles of Association of the Applicant Company and under the Companies (Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 13 That the Chairman shall report to this Court, the result of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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