Global Air Transport Services Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 458 OF 2015 In the matter of the Companies Act, 1956 (I of 1956) And In the matter of Sections 391 and 394 of the Companies Act, 1956 (I of 1956) And In the matter of the Scheme of Amalgamation of Global Air Transport Services Private Limited and JTB Infotech Private Limited with
Global Aviation Services Private Limited and their respective shareholders and creditors Global Air Transport Services Private ) Limited, a Company incorporated ) under the Companies Act, 1956 (I of ) 1956) and having its Registered Office ) at G-A, Ground Floor, Pil Court, ) Sherbanoo CHS Ltd., 111, Maharshi ) Karve Road, Churchgate, Mumbai ) Maharashtra - 400 020 ) CIN: U63040MH2007PTC174942 ) ... Applicant /Transferor Company No. 1 Called Summons for Direction Mr. Sagar R. Madan i/b. Khare Legal Chambers. Coram : S.C.Gupte, J.
Date : 12 June , 2015 MINUTES OF THE ORDER Upon the Application of the Applicant above named by a Summon for Direction AND UPON HEARING Mr. Sagar R. Madan, i/b. Khare Legal Chambers Advocate for the Applicant, AND UPON READING the Affidavit dated 9th February, 2015 of Mr. Murtuza Lakkadghat, Executive Director-Finance and Authorised Signatory of the Applicant Company abovenamed, in support of the Summons for Direction and the Exhibits therein referred, IT IS ORDERED:
1. That the convening of the meeting of the Equity shareholders of the Applicant Company for the purpose of considering and if thought fit, approving with or without modifications the proposed Scheme of Amalgamation of Global Air Transport Services Private Limited And JTB Infotech Private Limited With Global Aviation Services Private Limited is dispensed with in view of consent given by all the equity shareholder of the Applicant Company, which are annexed as EXHIBITS "E-1" to "E-8" to the Affidavit - in - Support of Summons of Direction.
2. As on date, there are no shareholders in the Petitioner Company holding Preferential Shares, as mentioned in the paragraph 19 of the Affidavit in Support.
3. that there are no Secured Creditors of the Applicant Company as mentioned in paragraph 20 of the Affidavit - in - Support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise.
4. That the convening of the meeting of the unsecured creditors of the Applicant Company for the purpose of considering and if thought fit, approving with or without modifications the proposed Scheme of Amalgamation of Global Air Transport Services Private Limited And JTB Infotech Private Limited With Global Aviation Services Private Limited is dispensed with in view of averment made in Para 21 and 23 of the Affidavit in Support of the Company Summons for Directions and the Applicant Company undertakes to issue individual notices of the date of hearing of the Petition by Registered
Post A.D./Air Mail to its Unsecured Creditors and also publish the notice of hearing of the Petition in two local newspapers namely "Free Press Journal" in English language and translation thereof in "Navshakti" in Marathi language both having circulation in Mumbai. The said undertaking is accepted.
( S.C.GUPTE , J)