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2006 (8) TMI 327

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..... reditors. 2. That the applicant company was incorporated as Modern Suitings (P.) Ltd., in November 1977 as a part of Modern Group of Companies. As a part of an exercise to restructure its activity the Modern Suitings Ltd. spun off its suiting division to Modern Syntax (India) Ltd. in April 1993 under the scheme of arrangement approved by this Court. The name of Modern Suitings Ltd. thereafter was changed to the present name, i.e., Modern Denim Ltd. 3. The position authorized issued, subscribed and paid up capital of the applicant company as on date is detailed out in para No. 3 of the application. 4. The main objects of the applicant company as set out in the object clause of its Memorandum of Association, have been detailed o .....

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..... thout modifications, the proposed scheme of compromise shall be convened and held as per the following schedule Name Date and time Place Secured creditors of the Company 20-9-2006 at 11.30 a.m. (Wednesday) Hotel Meru Place, Sawai Ram Singh Road, Opposite SMS Hospital, Jaipur 7. That at least 21 clear days before the days fixed for the meetings an advertisement convening the same and stating that copies of the said proposed scheme of compromise required to be furnished shall be furnished pursuant to section 393 of the Act, 1956 and forms of proxy can be obtained free of charge at the office of the applicant company or from the office of its advocates be advertised once in the daili .....

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..... of the meeting referred to above. 12. That the quorum for the said meetings shall be as per the provisions of the Act, 1956. 13. 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 meeting, is filed with the applicant company at their registered office, aforesaid not later than forty eight hours before the meeting scheduled to be held. 14. That the value of each secured creditors shall be in accordance with the books of the applicant company where the entries in the books are disputed, the Chairman shall determine the value for purposes of the meetings. 15. And it is further ordered that the Chairman do separately report to this Court th .....

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