2016 (7) TMI 1363

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..... ng with the meeting of the Equity Shareholders, Preference Shareholders, Secured and Unsecured Creditors of the Applicant Transferee and for considering of the Composite Scheme of Arrangement, as annexed at Annexure ­ "G" to the Application. 2.The affidavit filed in support of Judge's Summons by Mr. Jayesh Patel, Company Secretary of the Applicant Transferee Company, gives the basic details o .....

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..... Annexure - H" certifying the list of Equity Shareholders. 4.It is submitted by Ms. Raval, learned advocate for the applicant, that the convening and holding the meeting of the Preference Shareholders of the Applicant Transferee Company for the purpose of considering and, if thought for, approving, with or without modification(s), the proposed Scheme of Arrangement, be dispensed with in view of th .....

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..... ying the list of Secured Creditors. 6.It is further submitted by Ms. Raval, learned advocate for the applicant, that the convening and holding the meeting of the Unsecured Creditors of the Applicant Transferee Company for the purpose of considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Arrangement be dispensed with in view of the fact that the rig .....

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..... ection 100 to 103 of the Companies Act, 1956 and corresponding provision of the Companies Act, 2013 be dispensed with. 8.This Court has heard learned counsel for the applicant and considered the documents produced along with the Judge's Summons with the affidavit. The following order is passed: a.The meeting of the Equity Shareholders of the Applicant Transferee Company is dispensed with in vie .....

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..... itor is not affected by the proposed Scheme of Arrangement and no compromise or arrangement is offered to the Unsecured Creditors and the Chartered Account Certificate. e.The separate procedure under the provision of Section 100 to 103 of the Companies Act, 1956 is dispensed with as reduction of capital is an integral part of the scheme. f.Publication of notice in the Official Gazette is order .....

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