9911796707
TMI Blog2009 (5) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... r the purpose of making an order under section 394 of the Act. It is, therefore, submitted that at this stage, there may not be any need to submit a separate list of the assets. The Scheme of Arrangement annexed at Annexure ‘D’ to the petition is accordingly sanctioned. - COMPANY PETITION NOS. 4 & 5 OF 2009 COMPANY APPLICATION NOS. 349 & 350 OF 2008 - - - Dated:- 6-5-2009 - K.A. PUJ., J. N.K. Pahwa for the Petitioner. Harin P. Raval for the Respondent. JUDGMENT 1. The present petitions are filed seeking sanction of Scheme of Arrangement in the name of demerger of CFS Division of Gandhidham Developers Private Limited into Aditya Container Freight Station Private Limited. 2. Gandhidham Developers Private Limited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication No. 349 of 2008 has directed to hold meeting of the shareholders on 13-6-2008. It is stated on behalf of the petitioner that the meeting of the shareholders was held as scheduled and Chairman Report is also filed. However, it appears that there was some delay in filing the Chairman Report. Accordingly, the petitioner filed OJ Civil Application No. 5 of 2009 seeking enlargement of time to file Chairman report in respect of the meeting. This Court vide order dated 16-1-2009 made in Company Petition No. 4 of 2009 with Civil Application No. 5 of 2009 ordered extension of time for filing the Chairman Report in respect of the meeting. This Court also ordered that filing of the Chairman Report with the memo of Company Petition is to be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter dated 26-3-2009 addressed by the Regional Director to the Registrar of Companies has been produced. A perusal of this affidavit would disclose that there are two observations made by the office of the Regional Director. The first observation pertains to submitting the latest financial statement before this Court. Mr. Pahwa, learned advocate appearing for the petitioner places an affidavit of the authorized officer of the petitioner in Company Petition No. 5 of 2009 in response to the report of Regional Director. In response to the first observation, it is stated that latest financial statement as provisional balance sheet as at 31-3-2009 (provisional) has been served upon the learned Central Government Standing Counsel and a copy there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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