✦ Bombay High Court · 13 Jul 2012

Oasis Fabsynth Private Limited (“the Transferor Company 1”) v. Vrushchik Trading Private Limited

S KATHAWALLA3 min read

Case at a glance

Provisions considered

Judgment

Mr. Rajesh Shah i/b. Rajesh Shah & Co., Advocates for the Applicant. Coram: S. J. Kathawalla, J. Date: 13th July, 2012 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING Mr. Rajesh Shah instructed by Rajesh Shah & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 27th June, 2012 of Mr. Prasad Shivankar, Director of the Applicant Company, in support of Summons for Direction and the exhibits referred to therein, IT IS ORDERED:

1.

THAT the convening and holding the meeting of the Equity Shareholders of the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation between Oasis Fabsynth Private Limited and Vrushchik Trading Private Limited and Vrushchik Consultancy Services Private Limited and Lopez Finvest Limited and Kark Trading Private Limited and Hertel Services Private Limited and Green Span Agrochem Private Limited with Chivas Trading Private Limited and their respective shareholders is dispensed with in view of the consents given by all the Equity shareholders of the Applicant Company, which are annexed as Exhibits “D1” to “D4” to the Affidavit of the Applicant Company in support of the Summons for Direction. 3

2.

THAT there are no Secured Creditors in the Applicant Company, as stated in paragraph 11 of the affidavit in support of the Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise.

3.

THAT the convening and holding the meeting of the Unsecured Creditors of the Applicant Company to consider, if thought fit, to approve, with or without modification(s), the proposed Scheme of Amalgamation between Oasis Fabsynth Private Limited and Vrushchik Trading Private Limited and Vrushchik Consultancy Services Private Limited and Lopez Finvest Limited and Kark Trading Private Limited and Hertel Services Private Limited and Green Span Agrochem Private Limited with Chivas Trading Private Limited and their respective shareholders, is dispensed with in view of the consents given by both the Unsecured Creditors of the Applicant Company which are annexed as Exhibits “F1” and “F2” to the Affidavit of the Applicant Company in support of the Summons for Direction. (S. J. Kathawalla, J.)

Questions this judgment answers

Which statutory provisions did this judgment involve?

Companies Act, 2013 — ss. 391, 394.

Which court decided this case, and when?

Bombay High Court, on 13 Jul 2012. The bench was S KATHAWALLA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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