TMI Blog2012 (9) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... cation No.166/2012 seeking dispensation of the meeting of the Equity Shareholders of the said Company. This Court, vide order dated 20.04.2012 passed in Company Application No.166/2012, directed that the meeting of Equity Shareholders of the petitioner Company be dispensed with. It was further ordered that the petitioner, being a Transferee Company, the meeting of the creditors was not required to be held. 4. Kalvir Estates Private Limited, the Transferor Company filed Company Application No.167/2012 seeking dispensation of the meetings of Equity Shareholders and Unsecured Creditors of the petitioner Company on the ground that all the Equity Shareholders and Unsecured Creditors of the said Company have given their consent in writing, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objection against the sanction of the Scheme. 9. Pursuant to issuance of notice, the Official Liquidator, in respect of the Company Petition No.89/2012, has filed a report. The report of the Official Liquidator confirms that the affairs of the Transferor Company have not been conducted in a manner prejudicial to the interest of its members or to the public interest. The Official Liquidator has, however, requested this Court to direct the Transferor Company to preserve its Books of Accounts, papers and records and not to dispose of the records without the prior permission of Central Government under Section-396A of the Companies Act, 1956. 10. In response to the notice to the Regional Director, Western Region, Department of Company Af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 passed by this Court in Company Petition No.56/2012 and Company Petition No.57/2012. 12. The second observation is with regard to filing of the latest financial position and latest auditor's report and accounts of the Company. In response to this observation, the petitioner Transferee Company has placed on record the audited Balance Sheets of both the Transferor Company and the Transferee Company as on 31.03.2012, along with the affidavit. 13. No counter affidavit or rejoinder has been filed by the Regional Director in response to the above affidavit filed by the petitioner Transferor Company. Further, no other contentions have been raised by way of pleadings or oral submissions before this Court. 14. Having heard the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
