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2015 (12) TMI 1717

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..... the deponent and copy of the proposed Scheme of Arrangement. Dispensing with the meetings adhered to. - COMPANY APPLICATION NO. 374 of 2015 - - - Dated:- 7-12-2015 - HONOURABLE SMT. JUSTICE ABHILASHA KUMARI MR NAVIN K. PAHWA FOR THAKKAR AND PAHWA, ADVOCATES, ADVOCATE FOR THE APPELLANT ORAL ORDER 1. The applicant Crystal Ceramic Industries Private Limited is the Demerged Company in the Scheme of Arrangement in the nature of Demerger of Industrial Undertaking of Crystal Ceramic Industries Private Limited into Excellent Glass and Ceramics Private Limited. The applicant has filed the present application seeking an order of dispensation of the meeting of the Equity Shareholders on the ground that all the Equity Shareholders o .....

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..... nts of the affidavit filed by the deponent and copy of the proposed Scheme of Arrangement, IT IS ORDERED: (i) That the meetings of the Secured Creditors and Unsecured Creditors of the applicant Company shall be convened and held at the Registered Office of the Company on 11.01.2016 at 11:00 AM and 12:00 noon, respectively, for the purpose of considering, and if thought fit, approving with or without modifications, the proposed Scheme of Arrangement as proposed between the said companies. (ii) That at least 21 clear days before the day appointed for the meetings, an advertisement convening the same and stating that copies of the said Compromise or Arrangement and of the statement required to be furnished pursuant to Section 393 and .....

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..... escribed form duly signed by the person entitled to attend and vote at the meetings, is filed with the Company at its registered office not later than 48 hours before the meeting. (viii) That the value of each creditor shall be in accordance with the books of the Company, and, where the entries in the books are disputed, the Chairman shall determine the value for purposes of the meetings. (ix) And it is further ordered that the Chairman do report to this Court the result of the said meetings within 21 days of the conclusion of the meetings, and the said report(s) shall be verified by his affidavit. (x) The publication of the notice in the Official Gazette is ordered to be dispensed with. 4. In view of the fact that the consent o .....

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