Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2005 (4) TMI HC This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2005 (4) TMI 308 - HC - Companies Law

Issues:
Application for dispensing with calling of meetings of shareholders and creditors for approval of scheme of amalgamation.

Analysis:
The High Court of Rajasthan, in the case involving Rajasthan Telecom Company Limited and Shyam Basic Infrastructure Projects Private Limited, dealt with an application seeking dispensation of the requirement to hold meetings of shareholders and creditors for the approval of a scheme of amalgamation. The petitioner transferor company, a wholly owned subsidiary of the transferee company, requested the court to dispense with the calling of such meetings. The court noted that shareholders and creditors had provided a 'no objection' to dispensing with the meetings as mandated under sections 391 and 394 of the Companies Act, 1956. The court carefully examined the documents presented, including the shareholders' no objection at page 180 and creditors' no objection at pages 182 to 184 of the application. Based on the evidence and compliance with legal requirements, the court found merit in the petitioner's request. Consequently, the court granted the application and dispensed with the necessity of holding meetings of shareholders and creditors for the consideration and approval of the scheme of amalgamation. The court's decision was based on the satisfaction derived from the documents submitted by the petitioner transferor company, leading to the disposal of the application with the specified directions.

 

 

 

 

Quick Updates:Latest Updates