TMI Blog2017 (2) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... ;ble Member (T) Mrs. Alpana Ghone, Mr. Rajesh Shah with Mr. Ahmed M Chunawala i/b M/S. Rajesh Shah Co., Advocates for the Applicant. MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Company High Court Transferred Application AND UPON HEARING Mr. Mr. Rajesh Shah with Mr. Ahmed M Chunawala i/b M/S. Rajesh Shah Co, Advocates for the Applicant Company, AND UPON READING the Affidavit dated 6th day of December, 2016 of Mr. Vishal Gupta, Authorised Signatory of the Applicant Company, in support of High Court Transferred Application and the Exhibits therein referred to, IT IS ORDERED THAT: 1. A meeting of the Equity Shareholders of the Applicant Company, be convened and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meeting, at the place, date and time aforesaid and stating that copies of the Scheme of Amalgamation and the statement required to be furnished pursuant to Section 230 of the Companies Act, 2013 and that the form of Proxy can be obtained free of charge at the Registered Office of the Applicant Company as aforesaid. 4. The Applicant Company undertakes to: i. issue Notice convening meeting of the equity shareholders as per Form No. CAA.2 (Rule 6) of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 ii. issue Statement containing all the particulars as per Section 230 of the Companies Act, 2013; iii. issue Form of Proxy as per Form No. MGT-11 (Rule 19) of the Companies (Management and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... angements and Amalgamations) Rules, 2016. 9. The value and number of the shares of each member shall be in accordance with the books/ register of the Applicant Company or depository records and where the entries in the books / register / depository records are disputed, the Chairperson of the Meeting shall determine the value for the purpose of the aforesaid meeting and his decision in that behalf would be final. 10. The Chairperson to file an affidavit not less than seven days before the date fixed for the holding of the meeting and do report this Tribunal that the direction regarding the issue of notices have been duly complied with as per Rule 12 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived by the Tribunal from Official Liquidator within thirty days of the date of receipt of the notice, it will be presumed that Official Liquidator has no objection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 15. The Applicant to serve the notice upon the concerned Registrar of Companies, pursuant to Section 230(5) of the Companies Act, 2013 as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. If no response is received by the Tribunal from the Registrar of Companies within 30 days of the date of receipt of the notice it will be presumed that Registrar of Companies has no objection to the proposed Scheme as per Rule 8 of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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