TMI Blog2022 (1) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Ambition Towers Private Limited, Bahar Distributors Private Limited, Delight Management Private Limited, Pushpraj Mercantile Private Limited, being the Petitioner No. 1, 2, 3, 4 respectively ("Transferor Companies"), with Sri Venkatesh Iron & Alloys (India) Limited, being the Petitioner No. 5 above named ("Transferee Company") whereby and whereunder the Transferor Companies are proposed to be amalgamated with the Transferee Company, from the Appointed Date, viz. 1st April, 2020 in the manner and on the terms and conditions stated in the said Scheme of Amalgamation ("Scheme"). 2. It is submitted by the Ld. Authorised Representative appearing for the Applicants that the shares of the Applicant Companies are not listed on any stock exch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and meetings of the Unsecured Creditors of the Applicant Company No. 1 to 4 are dispensed with under section 230(1) read with section 232(1) of the Act. (b) Meetings to be held Date and Times: i. The meeting of the secured creditors of the Applicant No. 5 being the Transferee Company shall be convened and held on 10.02.2022 via audio-visual mode at 11.00 AM for the purpose of considering, and, if thought fit, approving the said Scheme, with or without modification. ii. The meeting of the unsecured creditors of the Applicant No. 5 being the Transferee Company shall be convened and held on 10.02.2022 via audio-visual mode at 12 Noon for the purpose of considering, and, if thought fit, approving the said Scheme, with or without modificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of the said Scheme, statement prescribed under the provisions of the Companies Act, 2013, disclosing necessary details and the prescribed form of proxy, shall be sent to each of the secured and unsecured creditors of the Applicant No. 5 as per Rule 6 of the Companies(Compromises, Arrangements and Amalgamations) Rules, 2016, by registered post or courier and email or through personal messenger at their respective or last known addresses. The said notices along with accompanying documents shall also be displayed on the Notice Board of the concerned Applicant at its registered office and shall also be posted on the website, if any, of such Applicant. (f) Chairperson: Mrs. Shobha Upadhyay, Advocate (Mobile No. 9331339191, e-mail id-yr.s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meeting shall be recorded in the minutes of the meeting. (i) Mode of Voting: Voting in the meetings held in Virtual Mode shall be by e-voting only. Further, facility for voting by postal ballot/remote e-voting shall also be provided during the period from 10.02.2022 (9:00 A.M.) to 11.02.2022 (5:00 P.M.). The facility for remote e-voting shall be disabled at 5:00 P.M. on {repeat above last date of voting period.}] (j) Cut-off date: The cut off date for determining the eligibility to vote and value of votes shall be 26.01.2022 [not earlier than 15 days from date of creditors meetings] for the meetings of creditors. The value of the votes cast shall be reckoned and scrutinized with reference to the said dates. (k) Voting procedure: Subj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to conduct of the meeting held virtually through video conferencing or through other audio visual means, including for deciding procedural questions that may arise at the meeting or at any adjournment thereof, or any other matter relating to the meeting, including an amendment to the Scheme, if any proposed by any persons. (n) The resolution for approval of the Scheme of Arrangement put to a meeting shall, if passed by a majority in number representing three-fourths in value of the creditors casting their votes, as aforesaid, shall be deemed to have been duly passed on the date of such meeting under section 230(1) of the Act. (o) The Chairperson do report to this Tribunal the results of the said meeting within four weeks from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hom the Applicants are registered; the Official Liquidator, High Court, Calcutta and the Income Tax Department having jurisdiction over the Applicants stating the PAN Numbers of the Applicants, by sending the same hand delivery through special messenger or by registered post and by email within two weeks from the date of receiving the order. The notice shall state that representation, if any, should be filed before this Tribunal within 30 days from the date of receipt of the notice with a copy of such representation being simultaneously sent to the Authorised Representative of the said Applicants. If no such representation is received by the Tribunal within such period, it shall be presumed that such authorities have no representation to ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|