TMI Blog2021 (7) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... sekhar V.K., Member (J) And Harish Chander Suri, Member (T) For the Appellant : Manju Bhuteria, Aisha Amin, Advocates, N. Gurumurthy, FCA and Madan Kumar Maroti, FCA ORDER Harish Chander Suri, Member (T) 1. The instant application has been filed in the first stage of the proceedings under Section 230(1) read with Section 232(1) of the Companies Act, 2013 ( Act ) for orders and directions with regard to meetings of shareholders and creditors in connection with the Scheme of Amalgamation for amalgamation of AJAY VINIMAY PRIVATE LIMITED, being the Applicant No. 2 above named ( Transferor Company No. 1 or Applicant No. 2 ) and COBWEB COMMOSALES PRIVATE LIMITED, being the Applicant No. 3 above named ( Transferor Company No. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Number of SECURED CREDITORS: NIL as on 15th January, 2021 Number of UNSECURED CREDITORS: 2 as on 15th January, 2021 d. APPLICANT No. 4 Number of EQUITY SHAREHOLDERS: 2 as on 15th January, 2021 Number of PREFERENCE SHAREHOLDERS: NIL Number of SECURED CREDITORS: NIL as on 15th January, 2021 Number of UNSECURED CREDITORS: 2 as on 15th January, 2021 e. APPLICANT COMPANY No. 5 Number of EQUITY SHAREHOLDERS: 8 as on 15th January, 2021 Number of PREFERENCE SHAREHOLDERS: NIL Number of SECURED CREDITORS: NIL as on 15th January, 2021 Number of UNSECURED CREDITORS: NIL as on 15th January, 2021 f. APPLICANT COMPANY No. 6 Number of EQUITY SHAREHOLDERS: 4 as on 15th January, 2021 Numb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Scheme by way of affidavits which are annexed to the application. 10. It is further submitted that there is no requirement of meeting of Secured Creditors of Applicant No. 2 to Applicant No. 6 and Unsecured Creditors of Applicant No. 5 in view of NIL Creditors verified by auditors certificate. 11. Directions are sought accordingly for dispensing with the meeting of equity shareholders of the Applicant Companies, Secured Creditors of Applicant No. 1 and Unsecured Creditors of Applicant No. 1 to Applicant No. 4 and Applicant No. 6 who have already given their consent to the Scheme. 12. Upon perusing the records and documents in the instant proceedings and considering the submissions made on behalf of the Applicant(s), we allow the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by way of affidavits. Meeting of Unsecured Creditors of Applicant No. 6 for considering the Scheme are dispensed with, in view of consent by 98.86 % in value of Unsecured Creditors of Applicant No. 6 having given their consent to the Scheme by way of affidavits. b. No requirement of Meetings Secured Creditors of Applicant No. 2 to 6 and Unsecured Creditors of the Applicant No. 5 NIL Creditors verified by auditors certificate. c. Meetings to be held No meeting required to be held. 13. Notice under Section 230(5) of the Companies Act, 2013 along with all accompanying documents, including a copy of the aforesaid Scheme and statement under the provisions of the Companies Act, 2013 shall also be served on the: a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
