Agritradex Commodities (India) Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURIDICTION COMPANY SUMMONS FOR DIRECTIONS NO.690 OF 2016
IN THE MATTER OF SECTIONS 391 TO 394
OF THE COMPANIES ACT, 1956 (OR REENACTMENT THEREOF UPON EFFECTIVENESS OF COMPANIES ACT, 2013) AND IN THE MATTER OF AGRITRADEX COMMODITIES (INDIA) PRIVATE LIMITED AND LIMITED AND ISHAR TRADING PRIVATE LIMITED AND ISHARANI TRADING PRIVATE LIMITED AND AMRUT SAGAR TRADING ("TRANSFEROR COMPANIES") WITH COWES BAY TRADING ("TRANSFEREE COMPANY") AGRITRADEX COMMODITIES (INDIA) ) PRIVATE LIMITED, A company incorporated ) Under the Companies Act, 1956, having ) Its registered Office at 35 C Wing, 3rd Floor, )
Film Centre, 68, Tardeo Road, ) Mumbai - 400 034 )......Applicant Company (First Transferor Company) Called Summons for Direction for Hearing Mr. Mahesh HaridasChandanshiv, Advocate for Applicant Company CORAM: B.P.COLABAWALLA J.
DATE:12.08.2016 MINUTES OF THE ORDER UPON the Application of the abovenamed Company by Summons for Directions AND UPON HEARINGMr. Mahesh HaridasChandanshiv, the Advocate for the Applicant Company and UPON READING the Affidavit of ChetanRatilalIsharani dated 31st day of March, 2016 and the Exhibits therein referred to, IT IS ORDERED THAT, 1.
The convening of the meeting of the Equity Shareholders of AGRITRADEX COMMODITIES (INDIA) PRIVATE LIMITED, the Applicant Company for the purpose of considering, and if thought fit, approving with or without modification, a scheme of Amalgamation of AGRITRADEX COMMODITIES (INDIA) PRIVATE being First Transferor Company and being Second Transferor Company and ISHAR TRADING PRIVATE LIMITED being Third Transferor Company and ISHARANI TRADING PRIVATE LIMITED being Fourth Transferor Company and AMRUT SAGAR TRADING PRIVATE LIMITED being Fifth Transferor Company withCOWES
BAY TRADINGPRIVATE LIMITED being Transferee Company is dispensed with in view of consent given by both shareholders of the Applicant Company which is annexed and marked Exhibit-D1 to Exhibit-D-2 to the Affidavit in support of company Summons for Directions of the Applicant Company. 2.
The convening of the meeting of the Unsecured Creditors of AGRITRADEX COMMODITIES (INDIA) PRIVATE LIMITED, the Applicant Company for the purpose of considering, and if thought fit, approving with or without modification, a scheme of Amalgamation of AGRITRADEX COMMODITIES (INDIA) PRIVATE being First Transferor Company and being Second Transferor Company and ISHAR TRADING PRIVATE LIMITED being Third Transferor Company and ISHARANI TRADING PRIVATE LIMITED being Fourth Transferor Company and AMRUT SAGAR TRADING PRIVATE LIMITED being Fifth Transferor Company withCOWES BAY TRADINGPRIVATE LIMITED being Transferee Company is dispensed with in view of consent given by all theSeventeen Unsecured Creditors of the Transferee Company which are annexed and marked Exhibit "F-1" to Exhibit-F-17to the Affidavit in support of Company Summons for Directions of the Applicant company. The Applicant Company undertakes to publish the date of hearing of Company Scheme Petition in two newspapers namely, the Free Press Journal in English and the Translation
thereof in Marathi in Navshakti both having publication in Mumbai. The said undertaking is accepted.
3.
The question of convening and holding meeting of Secured Creditors does not arise as there are no Secured Creditors of the Applicant Company as stated in paragraph 37 of the Affidavit in Support of Company Summons for Direction.
(B. P. COLABAWALLA J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of the Original signed Order.
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