9911796707
TMI Blog2021 (8) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... is an application filed by the Applicants for payment and closure of Secured Creditors of Applicant No. 8 which was made after the filing of Company Application. 2. 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 of KOTIRATAN COMMERCIAL PRIVATE LIMITED being the Applicant No. 2 above named ("Transferor Company No. 1" or "Applicant No. 2") and LINKPOINT TRADECOMM PRIVATE LIMITED, being the Applicant No. 3 above named ("Transferor Company No. 2" or "Applicant No. 3") and LOKESH DISTRIBUTOR PRIVATE LIMITED, be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RED CREDITORS : 2 as on 31st January, 2021 c. APPLICANT No. 3 Number of EQUITY SHAREHOLDERS : 2 as on 31st January, 2021 Number of PREFERENCE SHAREHOLDERS : NIL Number of SECURED CREDITORS : NIL as on 31st January, 2021 Number of UNSECURED CREDITORS : 3 as on 31st January, 2021 d. APPLICANT No. 4 Number of EQUITY SHAREHOLDERS : 3 as on 31st January, 2021 Number of PREFERENCE SHAREHOLDERS : NIL Number of SECURED CREDITORS : NIL as on 31st January, 2021 Number of UNSECURED CREDITORS : 2 as on 31st January, 2021 e. APPLICANT COMPANY No. 5 Number of EQUITY SHAREHOLDERS : 4 as on 31st January, 2021 Number of PREFERENCE SHAREHOLDERS : NIL Number of SECURED CREDITORS : NIL as on 31st January, 2021 Number of UNSECURED ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy given their consent to the Scheme by way of affidavits which are annexed to the application. 9. It is further submitted that 99.93% in value of Unsecured Creditors of the Applicant No. 4 have already given their consent to the Scheme by way of affidavits which are annexed to the application. 10. It is further submitted that 94.50% in value of Unsecured Creditors of the Applicant No. 5 have already given their consent to the Scheme by way of affidavits which are annexed to the application. 11. It is further submitted that 99.94% in value of Unsecured Creditors of the Applicant No. 6 have already given their consent to the Scheme by way of affidavits which are annexed to the application. 12. It is further submitted that 93.95% in value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reholders of the Applicant Companies for considering the Scheme of Amalgamation are dispensed with in view of all shareholders of Applicant Companies having respectively given their consent to the Scheme by way of affidavits. Meeting of Unsecured Creditors of Applicant No. 1 for considering the Scheme of Amalgamation are dispensed with in view of consent by way of affidavits by Unsecured Creditors representing 97.92% in value of Unsecured Creditors of Applicant No. 1. Meeting of Unsecured Creditors of Applicant No. 2 for considering the Scheme of Amalgamation are dispensed with in view of consent by way of affidavits by Unsecured Creditors representing 99.91% in value of Unsecured Creditors of Applicant No. 2. Meeting of Unsecured Cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secured Creditors of Applicant No. 1 to 7 NIL Creditors verified by auditors certificate. Secured Creditors of Applicant No. 8 being paid and account closure cum no due certificate issued by the Secured Creditor. c. Meetings to be held No meeting directed to be held 18. 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. Regional Director, Eastern Region, Ministry of Corporate Affairs, Kolkata; b. Registrar of Companies with whom the Applicants are registered; c. Official Liquidator; High Court Calcutta d. Income Tax Department having jurisdiction over ..... X X X X Extracts X X X X X X X X Extracts X X X X
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