9911796707
TMI Blog2014 (1) TMI 1822X X X X Extracts X X X X X X X X Extracts X X X X ..... - - Dated:- 8-1-2014 - R. M. Chhaya, J. For the Applicant : Vaibhavi K. Parikh For the Applicant : Tushar P. Hemani ORDER 1. The present application has been preferred by Sava Private Limited (one of the Transferor Companies) under Sections 391 to 394 of the Companies Act, 1956 in a proposed Scheme of Arrangement in the nature of Amalgamation of two group Companies with Anagha Pharma Private Limited, the Transferee Company. 2. Heard Ms. Vaibhavi Parikh, learned advocate for the Applicant Company. It is submitted that all the Equity Shareholders of the Applicant Transferor Company (there being no Secured Creditors) have given their approval to the Scheme in form of consent letters, which are placed on record as Annexu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the date, the place and the time as aforesaid, together with a copy of the Scheme of Amalgamation, a copy of the Explanatory Statement required to be sent under Section 393 of the Companies Act, 1956 and the prescribed form of proxy, shall be sent by a prepaid letter posted under Book Post, addressed to each of the Unsecured Creditors of the Applicant Company, at their last known address. The said list of the Creditors with their names and addresses shall be placed on record by the Applicant Company. A Certificate shall be obtained from the Postal Department, confirming the total number of dispatches so made. 6. That at least 21 clear days before the meeting to be held as aforesaid, a notice convening the said meeting indicating the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorized Representatives present in person or by proxy. 10. Voting by proxy is permitted provided that the proxy in the prescribed form and duly signed by the person entitled to attend and vote at the aforesaid meeting, or by his Authorized Representative, is filed with the Applicant Company at its Registered Office at Surendranagar, not later than 48 hours before the said meeting. 11. The value of the vote of each Creditor of the Company shall be as per the Books of Accounts of the Company and where the entries in the records or books are disputed, the Chairman of the meeting shall determine the value, or number, for the purposes of the meeting and his decision in that behalf would be final. 12. The Chairman shall report to this ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
