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Bombay High CourtCSD/604/2016absolute

Ccl Projects Pvt. Ltd. v. -

2016-07-08Hon'Ble Shri Justice B.P. Colabawalla2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 604 OF 2016 In the matter of the Companies Act, 1956.

AND In the matter of Sections 391 to 394 of the Companies Act, 1956.

AND In the matter of the Scheme of Amalgamation of CCL Projects Private Limited, Transferor Company with C C L Optoelectronics Private Limited, Transferee Company And Their Respective Members and Creditors.

CCL Projects Private Limited Incorporated and registered under the Companies Act, having its Registered Office at EL-38, Electronics Zone, MIDC, Mahape, Navi Mumbai, Maharashtra 400710 ) ) ) ) ) )... Applicant / Transferor Company Called Summons for Direction for hearing Mr. Sanjay Udeshi a/w Mr. Darshan Ashar i/b Sanjay Udeshi & Co, Advocate(s) for Applicant.

Coram: B.P. Colabawalla, J.

Dated: 8th July, 2016 MINUTES OF ORDER Upon the application of the above-named Applicant Company by a Summons for Direction AND upon hearing Shri. Sanjay Udeshi, Advocate for the Applicant AND upon reading the Affidavit dated 29th March, 2016 of Mr. Sujit Yeragi, the Authorised Signatory of the Applicant Company of Mumbai in support of the Summons for Direction, and the Exhibits therein referred to, IT IS ORDERED That:

1.

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 Scheme of Amalgamation of CCL Projects Private Limited, Transferor Company with CCL Optoelectronics Private Limited, Transferee Company, and their respective members and creditors, is dispensed with in view of the Consent given by both the Equity Shareholders of the Applicant Company which are annexed as Exhibits 'C-1' and 'C-2' to the Affidavit in Support of Summons for Directions.

2.

As on date there are no Secured Creditors of the Applicant Company as mentioned in paragraph 16 of the Affidavit in support of Company Summons for Direction. Hence the question of convening and holding the meeting of the Secured Creditors does not arise.

3.

That convening and holding the meeting of the Unsecured Creditors of the Applicant Company, for the purpose of considering and if thought fit, approving with or without modification(s), the Scheme of Amalgamation of CCL Projects Private Limited, Transferor Company with CCL Optoelectronics Private Limited, Transferee Company, and their respective members and creditors, is dispensed with in view of the consent given by all the six unsecured creditors which are annexed as Exhibit 'D1 to D6' to the Affidavit in Support of Company Summons for Direction. (B.P. Colabawalla J) Certificate I Certify that this Order uploaded is true and correct copy of original signed order Uploaded by: Shri Shankar Gawade, Stenographer