Bhuruka Gases Holdings Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 579 OF 2015 In the matter of the Companies Act, 1 of 1956 and other relevant provisions of the Companies Act, 2013;
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provisions of the Companies Act, 2013;
AND In the matter of Scheme of Amalgamation of BHURUKA GASES HOLDINGS PRIVATE LIMITED, the Transferor Company with BHURUKA GASES INVESTMENTS INDIA PRIVATE LIMITED, the Transferee Company BHURUKA GASES HOLDINGS ) PRIVATE LIMITED, a company ) incorporated under the Companies ) Act, 1956 having its registered office ) at 812, Tulsiani Chambers, Nariman ) Point, Mumbai- 400021 ) ...Applicant Company.
Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: S. C. Gupte, J.
Date: 17th July, 2015 MINUTES OF THE ORDER
UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 4th June, 2015 Mr. S.K. Warerkar, Director of the Applicant Company, in support of the Summons for Direction and the Exhibit 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 proposed Scheme of Amalgamation of BHURUKA GASES HOLDINGS PRIVATE LIMITED, the Transferor Company with BHURUKA GASES INVESTMENTS INDIA PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the four Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-4' to the Affidavit in support of Summons for Direction.
2.
The question of convening and holding of the meeting of Secured Creditors does not arise since there are no Secured Creditors of the Applicant Company as stated in paragraph 17 of the Affidavit in support of Summons for Direction.
3.
The convening and holding of 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 proposed Scheme of Amalgamation of BHURUKA GASES HOLDINGS PRIVATE LIMITED, the Transferor Company with BHURUKA GASES INVESTMENTS INDIA PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the three Unsecured Creditors of the Applicant Company, which are annexed as Exhibit 'D-1' to 'D-3' to the Affidavit in support of Summons for Direction.
(S. C. Gupte, J.)