✦ High Court of India · 25 Jan 2011

High Court · 2011

Case Details High Court of India · 25 Jan 2011
Court
High Court of India
Decided
25 Jan 2011
Bench
Not available
Length
1,667 words

110003. Mr. Tarun Banga, Advocate, Cell No. 9810238503 is appointed as Chairperson and Ms. Neha Khurana, Advocate, Cell No. 9810704567 is appointed as the Alternate Chairperson to conduct the said meeting. They shall be paid a fee of Rs. 40,000/- each. Ms. Ambika Sharma, Court Officer, Cell No. 9717394826 and Mr. Balam, Court Official, Cell No. 9899016792, shall provide secretarial assistance to the ChairpersonlAlternate Chairperson.. They shall be paid a fee of Rs. 10,000/- each. The Quorum of the meeting of the unsecured creditors of the applicant company-I shall be five in number and more than 10 % in value in terms of the total unsecured debt. In case the quorum as noted above for the above meeting is not present at the meeting, then the meeting shall be adjourned by half an hour, and thereafter the persons present and voting shall be deemed to constitute the quorum, For the purpose of computing the quorum the valid proxies shall also be considered, if the proxy in the prescribed form duly signed by the person entitled to attend and vote at the meeting is filed with the registered office of the applicant company atleast 48 hours before the meeting. The chairperson and Alternate Chairperson shall ensure that the proxy register is properly maintained. The Chairperson and Alternate Chairperson shall ensure that notice convening the aforesaid meeting of the unsecured creditors of the applicant , company-I, alongwith the copies of the Scheme of Arrangement and statement under section 393 of the Companies Act, 1956, shall be sent to the unsecured creditors of the applicant company-I by UPC at their registered or last known addresses at least 21 days befOre the date appointed for the meeting, in their presence• of in the presence of their authorized representatives. Notice of the meeting shall also be published in the Delhi edition of the newspapers "The Statesman" (English) and" Veer Arjun" (14indi) in terms of the Companies (Court) Rules, 1959, atleast 21 days before the date appointed for the meeting. The Chairperson and Alternate Chairperson will be at liberty to issue suitable directions to the management of the applicant company-I so that the aforesaid meeting of the unsecured creditors of the applicant company-I is conducted in a just, free and fair manner. The Chairperson will file his report within two weeks from the date of holding of the above said meeting. The applicant company-TI has 2 equity shareholders. All the equity shareholders have given their consents/no objections in writing to the proposed Scheme of Arrangement. Their consents/no objections have been placed on record. They have been examined and found in order. In view thereof, the requirement of convening the meetings of the equity shareholders of the applicant company-IT to consider and, if thought fit, approve, with or without modification, the proposed Scheme of Arrangement is dispensed with. There are neither secured nor unsecured creditor of the applicant company-IT. The applicant company-Ill has 2 equity shareholders. All the equity shareholders have given their consents/no objections in writing to the proposed Scheme of Arrangement. Their consents/no objections have been placed on record. They have been examined and found in order. In view thereof, the requirement of convening the meetings of the equity shareholders of the applicant company-ITT to consider and, if thought fit, approve, with or without modification, the proposed Scheme of Arrangement is dispensed with. There are neither secured nor unsecured creditor of the applicant company-Ill.

21. (cid:9)The application stand allowed in the aforesaid terms. MA (cid:9),J f JANUARY 25 9 2011 ING

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