EH-EH-PEE FINANCE PRIVATE LIMITED v. NIL
Case at a glance
Outcome
Allowed
application is allowed and the meeting of the equity share-
Provisions considered
- Companies Act, 2013 s. 391
Key paragraphs
- Para 22. It is noticed from the letters Annexure-K1 to K3 that the shareholders have no objection to amalgamate the Transferor company with the Transferee Company. In the light of no-objection expressed by the shareholders, the application is allowed and the meeting of the equity share-…
Judgment
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY COMPANY APPLICATION No.953/2012 BETWEEN : EH-EH-PEE FINANCE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956, HAVING ITS REGISTERED OFFICE AT NO.29/1 AND 29/2, H M STRAFFORD, 7TH CROSS, VASANTH NAGAR, BANGALORE 560052 KARNATAKA ( By Sri. HARISH KUMAR M S , ADV.) ...APPLICANT AND : NIL ...RESPONDENT This Company Application is filed Under Section 391 of the Companies Act, 1956, praying that meeting of equity share holder and unsecured creditors be dispensed in the view of the equity share holder and unsecured creditors having given their consent for the scheme of amalgamation and further a direction be given for the filing of the company petition. Further, the above named company, for the purpose of considering, and if thought fit, approving with or without modification a Scheme of Amalgamation proposed to be made among the company shareholders and unsecured creditors of the said company. 2 This Application coming on for Orders, this day, the Court made the following: O R D E R This application is filed by the Transferor Company seeking dispensing with the meeting of equity share holders and unsecured creditors for reasons stated in Annexure-K1 to K3 enclosed to the Application. The value of the shares of the shareholders is also enclosed at Annexure-P to the application. In view of no-objection expressed by the share-holders, the learned counsel for the applicant submitted to allow this application and dispense with the holding of meeting of the equity shareholders and unsecured creditors for the purpose of consideration of amalgamation scheme.
#2. It is noticed from the letters Annexure-K1 to K3 that the shareholders have no objection to amalgamate the Transferor company with the Transferee Company. In the light of no-objection expressed by the shareholders, the application is allowed and the meeting of the equity share- holders and unsecured creditors is dispensed with. 3
#3. Further, the applicant is directed to file company petition within a period of fourteen days. Sd/- JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: application is allowed and the meeting of the equity share-
Which statutory provisions did this judgment involve?
Companies Act, 2013 — s. 391.
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.