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TMI Blog2021 (8) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions 230 to 232 and other applicable provisions of the Companies Act, 2013 (for brevity 'The Act') read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (for brevity 'The Rules') in relation to the Scheme of Arrangement by way of demerger (for brevity the SCHEME ) involving demerger of Six Sigma Soft Ware Private Limited and KMG Infotech Private Limited and Key management Technologies Private Limited. 2. An Affidavit in support of the application sworn for and on behalf of all Applicant Companies has been filed by Mr. Vijay Mendiratta and Ms. Poornima Rampal being the authorized representative of the applicant companies. 3. It is represented that the Scheme does not contemplate any corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. In relation to the Shareholders, Secured Creditor and Unsecured Creditors, the applicant company No. 2 seeks dispensation from convening and holding of their respective meetings on the ground that 9 out of 15 Shareholders holding more than 95% in value have given their consent in the form of affidavit as well as 9 out of 10 unsecured Creditor holding more than 99%o Unsecured Creditors have given their consent in the form of affidavit. Additionally, the consent affidavit of the secured creditor has also been placed on record. 7. In relation to the Applicant Company No. 3 in the Scheme, it has been represented that company has 2 equity shareholders. We are further apprised that the Applicant Company No. 3 has nil Secured and nil Unsecur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... porated on 02.11.1999 in the State of NCT of Delhi within jurisdiction of the Registrar of Companies, NCT of Delhi and Haryana as a Private Limited Company under the provisions of Companies Act, 1956. The present Authorized Share Capital of the Applicant Company No. 2 is ₹ 20,00,00,000/- divided into 2,00,00,000 Equity Shares of ₹ 10/- each. The present Issued, Subscribed and paid-up Share Capital of the Company is ₹ 10,52,90,660/- divided into 1,05,29,066/- Equity Shares of ₹ 10/- each. 12. Key Management Technologies Private Limited (hereinafter referred to as Applicant Company No. 3 ) was originally incorporated on 04.01.2021 in the State of NCT of Delhi within jurisdiction of the Registrar of Companies, NCT o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spensed with because are only 1 unsecured creditors in the company and their consent affidavits in favour of the Scheme have been placed on record. B. In relation to the Applicant Company No. 2:- i. The meeting of Equity Shareholders is dispensed with as there are only 15 equity shareholders in the company and the equity shareholders holding more than 95% have given their consent affidavits in favour of the scheme have been placed on record. ii. The meeting of Secured creditors is also dispensed with because there are 1 secured creditor in the company and their consent affidavits in favour of the Scheme have been placed on record. iii. The meeting of Unsecured creditors is also dispensed with because there are 1 unsecure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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