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TMI Blog2017 (2) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... READING the Affidavit dated 6th day of December, 2016 of Mr. Vishal Gupta, Authorised Signatory of the Applicant Company, in support of High Court Transferred Application and the Exhibits therein referred to, IT IS ORDERED THAT: 1. A meeting of the Equity Shareholders of the Applicant Company, be convened and held at 601, 6th Floor, Shri Shyam Sadan JVPD Scheme, 7th Road, Vileparle (West) Mumbai- 400056 on Thursday, 15th March 2017 at 10.30 a.m. for the purpose of considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation of Bandra Properties Private Limited ('BPPL' or 'the Transferor Company 1') and Bandra Construction Private Limited ('BCPL' or 'the Transf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6) of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 ii. issue Statement containing all the particulars as per Section 230 of the Companies Act, 2013; iii. issue Form of Proxy as per Form No. MGT-11 (Rule 19) of the Companies (Management and Administration) Rules, 2014; and The undertaking is accepted. 5. That Ms. Harshita Jain, Director of the Applicant Company shall be the Chairperson of the meetings of Equity Shareholders and failing her, Mrs. Madhu Jain, Director of the Applicant Company shall be the alternate Chairperson of the said meetings. 6. The Chairperson appointed for the aforesaid Equity Shareholders Meeting to issue the notices of the Meeting referred to above. The said Chairperson shall have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fixed for the holding of the meeting and do report this Tribunal that the direction regarding the issue of notices have been duly complied with as per Rule 12 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 11. The Chairperson to report to this Tribunal, the result of the aforesaid meeting within three days of the conclusion of the meeting, and the said report shall be verified by his Affidavit as per Rule 14 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 12. That the question of convening and holding of the meeting of Secured Creditors and Unsecured Creditors does not arise since there are no Secured Creditors and Unsecured Creditors of the Applicant Company as stated in paragr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the Registrar of Companies within 30 days of the date of receipt of the notice it will be presumed that Registrar of Companies has no objection to the proposed Scheme as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. 16. The Applicant to serve the notice on the concerned Income Tax Authority within whose jurisdiction the Applicant Company's assessment are made, pursuant to Section 230(5) of the Companies Act, 2013 as per Rule 8 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. If no response is received by the Tribunal from the Income Tax Authority within 30 days of the date of receipt of the notice it will be presumed that Income Tax Authority has no objection to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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