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2019 (4) TMI 1996

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..... ounsels ORDER CH. MOHD SHARIEF TARIQ, J. 1. Under consideration is Application No. CA/376/CAA/2019 filed under Sections 230 to 232 of the Companies Act, 2013. The prayer made is for seeking order to convene, hold and conduct the meeting of Equity Shareholders and Unsecured Creditors in relation to the Transferee Company. The registered Office of the Transferor Company is situated in the State of Maharastra, outside the jurisdiction of this Tribunal which is proposed to be merged with the Transferee Company/Applicant Company. 2. M/s. Shell India Markets Private Limited (i) The Transferee Company viz., M/s. Shell India Markets Private Limited has 2 (Two) Equity Shareholders. The Applicant prayed to fix the time and place for ca .....

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..... the meeting either in person or through proxy for the adoption of the Scheme. The Chairman shall ensure that the proceedings of the meeting may take place in a just, free and fair manner, and within one week of the meeting, the Chairman shall file the report of the meeting of equity shareholders before this Bench. The Chairman of the meeting is at liberty to fix his remuneration as per the practice in vogue and the company shall pay the same to him. (ii) There are no Secured Creditors in relation to the Transferee Company. The Certificate issued by the Chartered Accountants to this effect is placed at page 269 of the typed set filed with the Application. (iii) There are 518 (Five Hundred and Eighteen) unsecured creditors in the Transf .....

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..... ing appropriate arrangements. The information about such arrangements shall be given to the unsecured creditors well before the date fixed for the meeting. Those who will receive the notice may vote in the meeting either in person or through proxy for the adoption of the Scheme. The Chairman shall ensure that the proceedings of the meeting may take place in a just, free and fair manner, and within one week of the meeting, the Chairman shall file the report of the meeting of unsecured creditors before this Bench. The Chairman of the meeting is at liberty to fix his remuneration as per the practice in vogue and the company shall pay the same to him. 3. The Registry is directed to issue notice to the Reserve Bank of India (RBI), concerned R .....

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