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2005 (5) TMI 340

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..... Applicant-Transferee Company or any other direction/order which is just and proper in the facts and circumstances of the case. 2. There are 22 equity shareholders of the Transferee Company, the details of which are given at page No. 115 of the application. The equity shareholders have given their consent/no objection regarding amalgamation of M/s. Aditya Minerals Private Limited (hereinafter shall be referred to as the Transferor Company ) with the Transferee Company. These consent letters/no objections have been produced on the record of the application at page Nos. 120 to 141. 3. Having heard learned counsel for the applicant Transferee Company and carefully gone through the consent letters/no objections given by these equity sh .....

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..... licant Transferee Company, the details of which are given at page No. 118 of the application, out of which one Mr. P.M. Lodha and another Binod Kumar Jain, are the Directors of the Company. Another unsecured creditor Smt. Neelmani Jain is the wife of Shri Binod Kumar Jain. All the four unsecured creditors have given their consent/no objection for amalgamation of the Transferor Company with the applicant-Transferee Company. Looking to the relation of the unsecured creditors and that some of them are Directors of the Transferee Company, I do not find any ground to decline the prayer made by the applicant for dispensing with holding of the meeting of unsecured creditors. Accordingly, the holding of the meeting of unsecured creditors of the app .....

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..... B-27, Road No. 5, RIICO Industrial Area, Kukas, Amer, Jaipur, Rajasthan Sundry Creditors 18-6-2005 12.30 PM B-27, Road No. 5, RIICO Industrial Area, Kukas, Amer, Jaipur, Rajasthan That at least 21 clear days before the day fixed for the meeting of secured creditors the notice of convening the same and stating that copies of the said scheme of amalgamation and of the statements required to be furnished, shall be furnished, pursuance to section 393 of the Companies Act, 1956 and forms of proxy can be obtained free of charge at the office of the applicant-Transferee Company or at the office of its Advocate, is permitted to be sent to the secured creditors by registered post AD. 11. As regards to the meet .....

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..... aid. The applicant-Transferee Company shall deposit in the Court or pay within one week from today the total amount of Rs. 22,000 (Rupees twenty-two thousand) (Rs. 11,000 for each meeting) towards remuneration and expenses to the Chairman for presiding the meetings. 15. That the Chairman appointed for the meetings through Company, do issue the advertisement and send out the notices of the meetings referred to above. 16. That the quorum for the said meetings shall be as per the provisions of the Companies Act, 1956. 17. That voting by proxy be permitted, provided that a proxy in the prescribed form duly signed by the person entitled to attend and vote at the meetings, is filed with the applicant-Transferee Company at its register .....

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