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2017 (11) TMI 1711

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..... Laws
CHIEF JUSTICE M.M.KUMAR Hon'ble President and Shri R. Varadharajan, For the Applicant: Shri S.P. Singh, Advocate ORDER The present application presents a piquant situation. Earlier a joint application registered as CA(CAA) 50(PB)/2017 was filed and in the first Motion we have passed an order on 01.06.2017 for holding of various meetings, appointing Chairperson, alternate Chairpers .....

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..... red Creditors of Transferee Company was 18 in number. The meeting which was scheduled for, at 10:00 AM could commence only at 10:55 AM because of the non-availability of the scrutinizer. The meeting was postponed for half an hour since the requisite quorum was not available. Thereafter, the meeting was reconvened at 11.25 AM, however, the scrutinizer having not found the documents in order, to his .....

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..... . Therefore, no vote was allowed to be cast in case of Secured Creditors in the absence of proper proxies. Report of the scrutinizer in form of letter was received after 10 days on 29th July, 2017. The scrutinizer report/ letter is annexed herewith and marked as Annexure-D. That the final result of the poll worked out under my supervision along with the alternate chairperson with the help of the .....

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..... panies Act have been placed on record. 4. Having heard the learned Counsel, we are of the view that the Scheme of Amalgamation, which was presented at the stage of First Motion has not met the approval of the Creditors as per the report of the Chairperson and scrutinizer. The meetings of Creditors were convened on the request made by the applicant in its application of first motion. There is no r .....

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