9911796707
TMI Blog2016 (2) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... White Pearl Web Private Limited (Transferee Company). 2 The Petitioner of the Company Petition No. 381 of 2015, i.e., Mediscribes Solutions (India) Private Limited, had filed an application in this Court being Company Application No. 338 of 2015, for dispensing with the convening and holding of the meetings of the Equity Shareholders, Sole Secured Creditor and Sole Unsecured Creditor of the said Company. This Court, vide its order dated 3.11.2015, inter alia, dispensed with the convening and holding of the meeting of the Equity Shareholders of the said company in view of the consent affidavits to the Scheme, received from all the Equity Shareholders. This Court, vide its aforesaid order dated 3.11.2015, also dispensed with the convening an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in Company Petition Nos. 381 and 382 of 2015. This Court had dispensed with the publication of the notice in the Gujarat Government Gazette. 5 Pursuant to the order dated 5.11.2015, the Petitioners of Company Petition Nos. 381 and 382 of 2015 have published the notice of the hearing of the petition in the English daily newspaper, "Indian Express" and in the Gujarati daily newspaper, "Divya Bhaskar", both Ahmedabad Editions, on 24.11.2015. The affidavits of service, on behalf of the petitioner companies, both dated 27.11.2015, have been filed, confirming the publication of the notices in the newspapers as directed, as well as the notice of the hearing of the petitions being served upon the Regional Director and to the Official Liquidator, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.1.2016, filed by the Regional Director. 9 In respect of the observations made by the Regional Director at paragraph 2(c) of the common affidavit, the Petitioner Company, in paragraph 3 of its reply, has stated that the Transferee Company, in the meeting held on 11.1.2016 has approved the increase in the authorised share capital of the Transferee Company from Rs. 1,00,000/to Rs. 1,01,00,000/. It is further stated that the Transferee Company has filed the necessary forms with the Registrar of Companies, Gujarat, Ahmedabad, on 15.1.2016 and has paid necessary fees/stamp duty in respect of the same. Further, upon the sanctioning of the Scheme and in terms of clause 12 of the Scheme, the authorised share capital of the Transferee Company wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n response to the notice to the Official Liquidator in Company Petition No. 381 of 2015, the Official Liquidator has filed his report dated 21.12.2015. On perusal of the said report, the Official Liquidator, at paragraph 20, has submitted that the affairs of the Petitioner Company, viz, Mediscribes Solutions (India) Private Limited, have not been conducted in a manner prejudicial to the interest of its members or to the public interest. In respect of the observations made by the Official Liquidator in paragraph 21 of its report, the said company has filed its affidavit dated 16.1.2016, ensuring compliance in respect of the same. In respect of the observations made at paragraph 22 of its report, Mr. Singhi submits that the Scheme nowhere abs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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