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2010 (7) TMI 822

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..... informal under section 391 for the purpose of adopting the scheme. - C.A. NO. 459 OF 2010 - - - Dated:- 1-7-2010 - I.P. MUKERJI, J. Ms. Manju Bhuteria for the Petitioner. JUDGMENT I.P. Mukerji, J. Applicant No. 1 submits that the holding of the meeting of its equity shareholders may be dispensed with as there are only two shareholders who have signified their consent, which is appended to the petition. I have considered section 391, which empowers the court to convene a meeting in such manner as the court thinks fit. Thereafter, sub-section (2) provides for a procedure to hold such a meeting. I have also considered rule 6 of the Companies (Court) Rules, 1959, which recognises the practice or procedure followed by the co .....

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..... ncerned Mr. Subimal Mukherjee, advocate, c/o. Fox Mondal Advocates is appointed a special officer to hold a meeting of the shareholders of the company to ascertain their consent to the scheme and file a report in this court within three weeks from date. He will be paid a remuneration of 500 GMs by applicant No. 1. 3. A meeting of the equity shareholders of Pragal Investments P. Ltd., being applicant No. 2 herein shall be convened and held at 5 and 6 Fancy Lane, Kolkata700 001, on Saturday, August 7, 2010, at 11.00 a.m., for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of arrangement for amalgamation between applicant-company Nos. 1 and 2 and their respective shareholders. 4 .....

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..... al messenger addressed to each of the equity shareholders and preference shareholders in applicant-company No. 2 at their respective or last known addresses. 7. Advocate-on-record for the applicant-companies do within 3 days (after obtaining an authenticated copy of this order) file in court the form of the notices and the statement to accompany the notice and the same shall be settled by the Assistant Registrar (company) of this court. 8. Mr. Chinmoy Kumar Maity, Advocate, Bar Association Room No. 10 failing which Mrs. Shiksha Roy Chowdhury, Advocate, Bar Association Room No. 9 shall be the chairperson for the said meeting of the equity shareholders of applicant No. 2 to be held as aforesaid at a remuneration of 500 G.M. 9. Mrs. Shik .....

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