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TMI Blog2020 (10) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... ed - application allowed. - CA (CAA) -62(ND)/2020 - - - Dated:- 15-10-2020 - Dr. DEEPTI MUKESH HON BLE MEMBER (J) And Ms. SUMITA PURKAYASTHA, HON BLE MEMBER (T) For the Applicants : Mr. Saurabh Kalia, Adv.Mr. Devesh Vasisht, Adv. Ms. Apurva Jain, Adv. For the RD/OL : Mr. Shankari Mishra, Adv. Ms. Tania Sharma, Adv ORDER Per : Dr. Deepti Mukesh Member ( J ) 1. This is joint application filed by the applicant companies herein, Begonia Hotels Private Limited( brevity Transferor Company No.1 ), Nightingale Hotels Private Limited ( brevity Transferor Company No.2 ), Fleur Hotels Private Limited( brevity Transferee Company ), under the provisions of Sections 230-232 of Companies Act, 2013, and other applicable provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Companies Act, 1956 on 19th January, 2007 vide CIN U55101DL2007PTC158178with Registrar of Companies, NCT of Delhi Haryana in the name and style of Nightingale Hotels Private Limited and having its registered office at Asset NO.6, Aerocity Hospitality District. New Delhi-110037. The Authorized Share Capital of the company is ₹ 13,05,00,000/- divided into 13,05,00,000 Equity shares of ₹ 1 each and the Issued, subscribed and Paid-Up Share Capital is ₹ 13,03,66,000/- divided into13,03,66,000Equity Shares of ₹ 1/- each. 5. The Transferee Company is a private limited company incorporated under the provisions of Companies Act, 1956 on 9th July 2003, vide CIN U155101DL2003PTC207912with Registrar of Companies, NCT of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annexed and all of them have given their respective consents by way of affidavits holding 100% of voting share. b) The company has 1 secured creditor, certificate from Chartered Accountant certifying list of secured creditor is annexed,who has givenconsent by way of affidavits holding 100% of total value of debt. c) The company has 7 unsecured creditors, certificate from Chartered Accountants certifying list of unsecured creditors is annexed and 5 creditors out of the total have given their consent by way of consent affidavits holding 95.09% of total value of debt. In relation to the equity shareholders, secured creditor and unsecured creditors it seeks dispensing with holding/convening of the meetings as their consent affidavits a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en their respective consents by way of affidavits holding 100% of total value. b) The Company has 5 secured creditors;certificate from Chartered Accountants certifying list of secured creditors is annexed, 4 out of the total creditors has given consent by way of affidavits holding 99.71% of total value of debt. c) The company has 228 unsecured creditors, certificate from Chartered Accountants certifying list of unsecured creditors is annexed and 106 creditors out of the total have given their consent by way of consent affidavits holding 90.51% in total value of debt. In relation to the equity and preference shareholders, secured creditors and unsecured creditors it seeks dispensing with holding/convening of the meetings as their co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor having 99.69% of total debt been filed, convening the meeting of secured creditor/member is dispensed with. b. With respect to Unsecured Creditors: In view of consent affidavit, from the 32 Unsecured creditors having 90.06% of total debt been filed, convening the meeting of Unsecured creditors is dispensed with. C. In relation to the Transferee Company: a. With respect to Equity and shareholders: In view of consent affidavits, from all the equity shareholders having 100% voting share, been filed convening the meeting of shareholders/members is dispensed with. b. With respect to preference shareholder: In view of consent affidavits, from both preferential shareholders having 100% of total debt, been filed convening the meetin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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