Marie Gold Realtors Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 839 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 GOLDEN MOUNT PRIVATE LIMITED, the First Transferor Company AND ORIENTAL Second Transferor Company WITH MARIE LIMITED, the Transferee Company MARIE GOLD REALTORS PRIVATE ) LIMITED, a company incorporated ) under the Companies Act, 1956 ) having its registered office at ) Nirmal, 21st Floor, Nariman Point, ) Mumbai - 400 021 ) ...Applicant Company.
Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant
Coram: A. K Menon, J.
Date: 27th October, 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 31st day of August, 2016 of Mr. Tijarat Ali Khan, Authorised 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 GOLDEN MOUNT REALTORS PRIVATE LIMITED, the First Transferor Company and ORIENTAL REALTORS PRIVATE LIMITED, the Second Transferor Company with MARIE Transferee Company is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits 'I-1' and 'I-2' to the Affidavit in support of Summons for Direction.
2.
That 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 23 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 GOLDEN MOUNT REALTORS PRIVATE LIMITED, the First Transferor Company and ORIENTAL REALTORS PRIVATE LIMITED, the Second Transferor Company with MARIE Transferee Company is dispensed with in view of the consent given by the both the Unsecured Creditor of the Applicant Company, which are annexed as Exhibits 'J-1' and 'J-2' to the Affidavit in support of Summons for Direction. (A. K. Menon, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.
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