Company Application No. 1375 of 2008 · Bombay High Court
Case at a glance
Provisions considered
- Companies Act, 2013 ss. 391, 394
Judgment
Mr. Hemant Sethi i/b M/s. Hemant Sethi & Co. for Applicant. MINUTES OF THE ORDER IT IS ORDERED THAT: (a) That the convening and holding of the meeting of the members holding Equity Shares of the Applicant Company, for 2 the purpose of considering, and if, thought fit, approving, with or without modification, the Scheme of Amalgamation of Indus Fabricons Private Limited and Technoplast Corporation Limited, the Transferor Companies with Mojj Engineering Systems Limited, the Applicant/Transferee company and their respective members is dispensed with in view of consents given by 6 out of 10 equity shareholders aggregating 94.44% of the issued, subscribed and paid up Share Capital as per their original letters of consent annexed at Exhibit I to the affidavit dated 9th day of September 2008 of Mr. Balraj Bapusaheb Pol, Director of the Applicant Company in support of Summons for Direction. Applicant undertakes to give individual notices to remaining 4 equity shareholders whose consents have not been obtained of the date of hearing of petition. Undertaking is accepted. (b) That convening and holding of the meetings of Secured and Unsecured Creditors of the Applicant company, for the purpose of considering, and if, thought fit, approving, with or without modification, the Scheme of Amalgamation of Indus Fabricons Private Limited and Technoplast Corporation Limited, the Transferor Companies with Mojj Engineering Systems Limited, the Applicant/Transferee Company and their respective 3 members is dispensed with in view of averments made in paragraph twenty seven of affidavit dated 9th day of September 2008 of Mr. Mr. Balraj Bapusaheb Pol, Director of the Applicant Company in support of Summons for Direction. Applicant Company undertakes to give individual notices to all its Secured and Unsecured Creditors and also publish notices in newspapers of the date of hearing of petition. The said undertaking is accepted. COMPANY JUDGE
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.