Vortex Commercial Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 620 OF 2016. 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 VORTEX COMMERCIAL PRIVATE LIMITED, the Transferor Company with HOTEL TUNGA REGALE (INDIA) PRIVATE LIMITED, the Transferee Company and Their Respective Shareholders And Creditors.
VORTEX COMMERCIAL PRIVATE ) LIMITED, a company incorporated under ) the Companies Act, 1956 having its ) registered office at Flt No L&T 24, Room ) No 14, Vijay Nagar Apts, Marol, Maroshi ) Rd., Nr Vincent Pallotti Church, Andheri )
E, Mumbai- 400 059.
) ...Applicant Company.
Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: B. P. Colabawalla, J.
Date: 22nd July, 2016 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 23rd day of June, 2016 of Mr. Manjunatha Devadiga, Authorized Signatory 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 VORTEX COMMERCIAL PRIVATE LIMITED, the Transferor Company with HOTEL TUNGA REGALE (INDIA) PRIVATE LIMITED, the Transferee Company and Their Respective Shareholders And Creditors is dispensed with in view of the consent given by all the Seven Equity Shareholders of the Applicant Company, which are annexed as Exhibits 'C-1' to 'C-7' to the Affidavit in support of Summons for Direction.
2.
The question of convening and holding of the meeting of Secured Creditors and Unsecured Creditors did not arise since there were no Secured Creditors and Unsecured Creditors of the Applicant Company as stated in paragraph 17 of the Affidavit in support of Summons for Direction. (B. P. COLABAWALLA, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.
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