TMI Blog2021 (6) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the details of shareholders, creditors, and compliance of accounting treatment as prescribed U/s. 133 of the Companies Act, 2013 with reference to the Scheme in question. The Applicant Companies have disclosed all the material facts relating to the Scheme in question and filed necessary documents along with the Application. Convening and holding of the meetings of the Equity Shareholders of the Applicant Companies is hereby dispensed with - Convening and holding of the meetings of the Secured Creditors of the Applicant Companies is hereby dispensed with - Application disposed off. - C. A. (CAA)/23(BEN)2021 - - - Dated:- 22-4-2021 - Rajeswara Rao Vittanala, Member (J) And Ashutosh Chandra, Member (T) For Appearing Parties : Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, tavern, beer-houses, refreshments and tea rooms, lodging houses, star hotels etc. (2) NSVM Associates, Chartered Accountants, have issued a Certificate dated 04.09.2020 by certifying that there are 15 (fifteen) Equity Shareholders in the Transferor Company as on 31.03.2019, viz., Suresh Subba Poojari holding 9,95,140 Equity Shares, Siddharth Suresh Poojari holding 13,01,585, Bharat Suresh Poojari holding 12,12,820 equity shares and Babu S. Poojari holding 22,700 equity shares etc. Accordingly, Mr. Suresh S. Poojari, one of the Shareholders of the Applicant Company No. 1 has filed an Affidavit dated 26.02.2021 by inter alia stating that he is an Equity Shareholder of the Applicant Company No. 1 and given consent to the Scheme of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inafter referred to as Applicant Company No. 2/Transferee Company') was incorporated on 27.05.2011 under the provisions of Companies Act, 1956 bearing CIN: U55101KA2011PTC058842 and having its registered office situated at Shop No. 1, 1st Floor, 2nd Cross, Gandhinagar, Bengaluru-560009. Its Authorised Share Capital is ₹ 4,00,00,000/- divided into 40,00,000 Equity shares of ₹ 10/- each and the Issued, Subscribed and Paid-up Share Capital is ₹ 4,00,00,000/- divided into 40,00,000 Equity Shares of ₹ 10/- each. The Transferee Company is inter-alia engaged in business to purchase, establish, conduct, manage, takeover, acquire, lease, build, renovate, improve, furnish, maintain, promote, develop and to carry on the bus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y certifying that there are 53 (Fifty Three) Unsecured Trade Creditors in Transferee Company as on 31.03.2019 viz., HKS Services due amounting to ₹ 1,28,337/-, Rajeshwari Dairy due amounting to ₹ 9,11,193/- etc. The Transferee Company seek to convene the meeting of the Unsecured Creditors for the proposed scheme of Amalgamation. (9) The Board of Directors of the Applicant Companies in its respective meetings held on 01st September 2020, have approved and adopted the Scheme of Amalgamation. (10) Further, NSVM Associates, Chartered Accountants, the Statutory Auditors of the Applicant Company No. 2/Transferee Company, has issued a Certificate dated 22.09.2020 by inter alia confirm that the accounting treatment proposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Company, have duly certified the existing Equity Shareholders, Secured and Unsecured Creditors of the Applicant Companies. 5. As stated supra, the Companies has followed extant provisions of Companies Act in framing the Scheme in question, which are duly approved by the Board of Directors of the Companies involved. The Statutory Auditors/Chartered Accountants of the Companies have also issued respective Certificates by inter-alia certifying the details of shareholders, creditors, and compliance of accounting treatment as prescribed U/s. 133 of the Companies Act, 2013 with reference to the Scheme in question. The Applicant Companies have disclosed all the material facts relating to the Scheme in question and filed necessary documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thota@gmail.com is appointed as Scrutinizer for the said meeting. The remuneration for Chairperson shall be ₹ 75,000/- and for Scrutiniser shall be ₹ 40,000/-. The Quorum for the said meeting is 30% of total value of Unsecured Creditors, either in person or through representative in view of the Act prescribed three-fourth of the Unsecured Creditors required for consideration of the Scheme later on. The Notice of the meeting of the Unsecured Creditors of the Transferor Company shall be published in English Daily The Hindu and in Kannada Daily Udayavani . (iv) The meeting of the Unsecured Creditors of the Transferee Company be convened and held on 28.05.2021 at 11:00 A.M., at the registered office of the Applicant Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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