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2021 (1) TMI 576

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..... nt through Regional Director (Northern region), Ministry of Corporate Affairs, (b) Registrar of Companies, NCT of Delhi Haryana, Ministry of Corporate Affairs, (c) Official Liquidator, Delhi (d) The Income Tax Department, and (e) Such other Sectoral Regulatory Authorities, which govern working of the Companies involved in the Scheme; at least 40 days before the date fixed for hearing of this Petition. The Applicant Companies are directed to place the notice on their website, if any, and also place the same on the Notice board of the registered office of Companies. The Applicant Companies are also directed to send private notices to the authorities by way of speed post and file the proof of service along with the paper publi .....

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..... .M. Publication of the notice of the proposed meeting will be made in the Business Standard (English, Delhi Edition) and Business Standard (Hindi, Delhi Edition). The notices in this regard shall be sent by Registered Post/ Speed Post or through Email, addressed to each of the shareholder of the Transferor Company, at their last known address and email addresses as per records of the Transferor Company. The notices shall be issued with clear 30 days prior to the date of the meeting. The quorum for the meeting is fixed at 2 (Two) Shareholders. If the quorum is not complete at the time of the meeting, it shall adjourn the meeting by 30 minutes and the members present for voting shall be deemed to constitute the quorum for the said meeting .....

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..... 2. AXIS COTTEX PRIVATE LIMITED : i. That it has been submitted that the Applicant/ Transferor Company No.2 viz., Axis Cottex Private Limited has 6 (six) Equity Shareholders. The list of Equity Shareholders is placed at Page 341 of the Application. The meeting of the Equity Shareholders is scheduled to be held through Video Conferencing on the 1 st March 2021 at 2 P.M.,. Publication of the notice of the proposed meeting will be made in the Business Standard (English, Delhi Edition) and Business Standard (Hindi, Delhi Edition). The notices in this regard shall be sent by Registered Post/ Speed Post or through Email, addressed to each of the shareholder of the Transferor Company, at their last known address and email addresses as .....

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..... at pages from 415 to 417 of the Application, wherein it has been deposed that they do support the Scheme and accord consent to dispense with the holding of the meeting of Unsecured Creditors. Therefore, the meeting of the Unsecured Creditors of the Transferor Company No.2 is allowed to be dispensed with under Section 230(9) of the Companies Act, 2013. 3. RAJGARHIA LEASING AND FINANCIAL SERVICES PRIVATE LIMITED i. That it has been submitted that the Applicant/ Transferee Company viz., Rajgarhia Leasing and Financial Services Limited has 6 (six) Equity Shareholders. The List of Equity Shareholders is placed at Page 338 of the Application. The meeting of the Equity Shareholders is scheduled to be held through Video Conferencing on 1st .....

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..... need for the meeting of Secured Creditors. iii. That it has been submitted that there are 05(five) Unsecured Creditors in relation to the Transferee Company. The Certificate issued by an Independent Chartered Accountant to this effect has been placed at page 397 of the Application. The consent affidavit given by 04 Unsecured Creditors constituting more than 99.26% in terms of value is placed at pages from 400 to 411 of the Application, wherein it has been deposed that they do support the Scheme and accord consent to dispense with the holding of the meeting of Unsecured Creditors. Therefore, the meeting of the Unsecured Creditors of the Transferee Company is allowed to be dispensed with under Section 230(9) of the Companies Act, 2013. .....

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