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2017 (6) TMI 189

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..... hakore, Advocate, for Raval Raval Advocates for the Applicant Companies. Perused the applications and the supporting affidavit of Mr. Abhilash Menon, the authorized signatory of both the Applicant Companies, dated 27th March, 2017, 18th April, 2017 and 20th April, 2017 and the documents annexed thereto. 2. Welshop Trading Private Limited (hereinafter known as 'the Transferor Company' or 'the Applicant Transferor Company') and Welspun Steel Limited (hereinafter known as 'the Transferee Company' or 'the Applicant Transferee Company') have preferred this joint application under sections 230-232 of the Companies Act, 2013 seeking dispensation of the meetings of the equity shareholders, preference shareholder .....

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..... eror Company. Original consent affidavits of all the equity shareholders of the applicant transferor company are produced at Annexure K . Chartered Accountants of the applicant transferor company certified that the equity shareholders of the company have given their affidavits consenting to the proposed Scheme. 6. In view of the affidavits of all the equity shareholders, the meeting of equity shareholders of Welshop Trading Private Limited, the Applicant Transferor company, for the purpose of considering and, if thought fit, approving the proposed Scheme with or without modification(s), is dispensed with. 7. It is stated in the application that there are seven equity shareholders in the applicant Transferee Company. Original consent .....

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..... t secured creditor of the company has provided affidavit consenting to the scheme. In view of the same, the meeting of secured creditors of Welshop Trading Private Limited, the Applicant Transferor Company for the purpose of considering and, if thought fit, approving the proposed Scheme with or without modification(s) is dispensed with. 12. It is stated in the application that there are four secured creditors of the Transferee Company. The applicants have filed the original affidavits of 3 secured creditors with 94.36% in value at Annexure W . Certificate of Chartered Accountant certifying the said fact is produced at Annexure X . In view of the same, the meeting of secured creditors of Welspun Steel, the Applicant Transferee Company f .....

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..... Companies (CAA) Rules 2016, the Applicant-Companies shall send a notice in Form No. CAA.3 along with a copy of the scheme of arrangement, the explanatory statement and the disclosures mentioned under Rule 6, to (i) the Central Government through the Regional Director, North Western Region, (ii) the Registrar of Companies, Gujarat, (iii) the Income Tax authorities, in respect of the transferor company and transferee company, (iv) the Official Liquidator concerned in respect of transferor company stating that representations, if any, to be made by them shall be made within a period of 30 days from the date of receipt of such notice, failing which it shall be presumed that they have no objection to make on the proposed scheme. The said notice .....

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