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TMI Blog2022 (2) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... garding the requirement of sending individual notice of convening the meeting of the secured creditors and unsecured creditors of the transferee company. The present application stands disposed of. - IA No. 16/2022 in C.A. (CAA)-112/230-232/ND/2021 - - - Dated:- 3-2-2022 - Abni Ranjan Kumar Sinha, Member (J) And Avinash K. Srivastava, Member (T) For the Appellant : Pooja Mahajan and Arveena Sharma, Advs ORDER Abni Ranjan Kumar Sinha, Member (J) 1. By filing this application, the applicant has prayed for following relief: a. Allow the present application; b. Rectify the clerical error in the Order dated 22nd December 2021 to the extent it states that the meeting of shareholders, secured creditors and unsecure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich represent only 0.75% (approx.) of the total value of unsecured creditors of the Transferee Company have been dispensed with; h. Any such order which this Hon'ble Tribunal in the light of present facts and circumstances may deem fit. 2. Heard, the Learned Counsel appearing for the applicant and perused the averments made in the application. 3. Learned Counsel appearing for the applicant submitted that there is some clerical error in the order dated 22nd December, 2021, so same may be rectified. She further submitted that sum clarification regarding sending individual notice to the shareholders also be required to be made. She further submitted that so far appointment of proxy is concerned, this facility for appointment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of sending the prescribed form of proxy along with in addition to scheme related Ministry 01 Corporate Affairs, the appointment of proxy is not required, therefore, we hereby also modified that portion of the order, as we have given direction to convene the meeting through the video conferencing;, therefore, in terms of the circular dated 08th April 2020 (x), the direction for sending the documents to the proxy is hereby recalled, however, in pursuance of Section 112 and 113 of the Companies Act, 2013, the representative of the members may be appointed for the purpose of voting through remote e-voting or for participation and voting in the meeting held through video conferencing or OAVM. Accordingly, paragraph 18 (D) in respect of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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