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2021 (11) TMI 252

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..... - 5-10-2021 - Dr. Deepti Mukesh, Member (J) And Sumita Purkayastha, Member (T) For Appearing Parties: Ramesh Chandra Sharma, Aishwarya Sharma and Anuj Kumar, Advs. ORDER Dr. Deepti Mukesh, Member (J) 1. This is an application jointly filed by the applicant companies, Konark Irrigation Private Limited (hereinafter referred to as Transferor Company ) and Konark Polytubes Private Limited (herein after referred to as Transferee Company ), under Section 230-32 of the Companies Act, 2013 and other applicable provisions of the Companies Act, 2013, read with Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 in relation to the Scheme of Arrangement by way of amalgamation (herein after referred to as the Scheme .....

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..... in the name and style of Konark Polytubes Private Limited . The registered office of the company is situated at Shyamanchal Pushpanjali Colony, Ramghat Road, Aligarh, U.P 202001. The Authorized share capital of the transferee company is ₹ 4,00,00,000/- divided into 4,00,000 equity shares of ₹ 100 each. The issued subscribed and paid up share capital of the company is ₹ 4,00,00,000/- divided into 4,00,000 equity shares of ₹ 100 each. 5. The Transferor as well as the Transferee Company has filed their respective Memoranda and Articles of Association inter alia delineating their object clauses, along with the audited balance sheets of both the companies for the year ending 31.03.2021 and the provisional balance shee .....

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..... to the application. It is further represented that the company has one secured and 56 unsecured creditors and all of them have given their respective consents by way of affidavits which are also annexed to the application. Therefore, in relation to the Equity Shareholders as well as the Secured and Unsecured Creditors, it seeks dispensing with the holding/convening of the meetings as the consent affidavit are placed on record. 10. The appointed date as specified in the scheme is 30.06.2021 subject to direction of this Tribunal. 11. Taking into consideration the submissions and the documents filed therewith, we propose to issue the following directions with respect to calling, convening and holding of the meeting of Equity Shareholder .....

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