9911796707
TMI Blog2021 (7) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... ured Creditors in Applicant Company No. 1 and no Secured Creditor in Applicant Company 3, question for convening of meetings of Secured Creditors and Unsecured Creditors in Applicant Company 1 and meeting of Secured Creditor in Applicant Company 3 does not arise at all. The present application complies all the requisite criteria of section 230-232 of the companies Act, 2013 - the present application is allowed. - C.A. (CAA)/39(AHM)2021 - - - Dated:- 22-6-2021 - M.B. Gosavi, Member (J) And Virendra Kumar Gupta, Member (T) For Appearing Parties : Ravi Pahwa, Authorized Representative ORDER 1. The Applicant Companies have filed this joint application under Sections 230 to 232 and other applicable provisions of the Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Commission of India is not concerned with the Scheme proposed by the applicant companies considering the contents of the Scheme. 6. It is further stated that there are no investigation or proceedings under the Companies Act, 1956/Companies Act, 2013 have been instituted or are pending in relation to the Applicant Companies. 7. It is submitted that the applicant companies have following Shareholders, Secured and Unsecured Creditors'; I. The applicant company no. 1 having 3 equity shareholders. All the equity shareholders have given their consent for the proposed scheme of amalgamation. There are no secure and unsecured creditors in the applicant company no. 1 hence meetings of secured and unsecured creditors are not requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent for the proposed scheme of amalgamation. Further prayed that the meetings of the secured creditors of applicant companies no. 2 and 4 and unsecured creditors of applicant company no. 3 may also be dispensed with as all the secured creditor on aforesaid companies have given their consent affidavit for the proposed scheme of amalgamation. It is also prayed that the direction may be given to hold and convene the meetings of unsecured creditor of applicant companies no. 2 and 4 for considering and if thought fit, approving, with or without modification, a Scheme of Amalgamation. 9. We heard Mr. Ravi Pahwa, Advocate on behalf of Thakkar Pahwa, Advocates, for the Applicant Companies and considered the consent affidavits filed on behalf o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said meetings, indicating the date, place and time as aforesaid, shall be published in Times of India English Daily and Sandesh Gujarati Daily, having circulation in Rajkot. The publication shall indicate the time within which copies of the Scheme of Amalgamation shall be made available to the concerned persons free of charge from the registered office of the respective Applicant Companies. The publication shall also indicate that the statement required to be furnished pursuant to Section 102 of the Act read with Sections 230 to 232 of the Act can be obtained free of charge from the registered office of the Applicant Companies or at the office of its advocates viz. Thakkar and Pahwa, Advocates, 71, New York Tower-A, Opp. Muktidha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson is free to avail the services of Applicant Company 2 and Applicant Company 4 or any agency for carrying out the aforesaid directions. The Chairperson shall have all powers under the Articles of Association of Applicant Company 2 and Applicant Company 4 and also under the Rules in relation to the conduct of meetings, including for deciding any procedural question that may arise at the meetings or adjournment thereof proposed at the said meetings, amendment(s) to the aforesaid scheme or resolutions, if any, proposed at the aforesaid meetings by any person(s) and to ascertain the decision of the sense of the meetings of Unsecured Creditors of Applicant Company 2 and meetings of Unsecured Creditors of Applicant Company 4. viii. The q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Rule 6 shall be sent to (i) the Central Government through the Regional Director, North Western Region, (ii) The Registrar of Companies, Gujarat (iii) The Income Tax Authorities (iv) Official Liquidator (in case of Applicant Company 1 to 3), stating that the representations, if any, to be made by them shall be made within a period of 30 days from the date of receipt of such notice, failing which it shall be presumed that they have no objection to make on the proposed Scheme of Amalgamation. The said notice (s) shall be sent forthwith after notice is sent to the Unsecured Creditors of Applicant Company 2 and Applicant Company 4 by registered post or by speed post or by courier or by Email or by hand delivery at the office of the author ..... X X X X Extracts X X X X X X X X Extracts X X X X
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