Credence Shipping Agencies Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.900 OF 2015 In the matter of Section 391 to 394 of the Companies Act, 1956;
And In the matter of Scheme of Amalgamation of:
1. 1. Asian Seaway Private Limited (The First Transferor Company), AND
2. Credence Shipping Agencies Pvt. Ltd.
(The Second Transferor Company), & AND
3. Fairwind Shipping Agency Private Limited (The Third Transferor Company) With Poseidon Shipping Agency Private Limited (Transferee Company) Credence Shipping Agencies Private Limited, ) a Company incorporated under the provisions ) of Companies Act, 1956 having its Registered ) Office at Kohinoor City Mall Complex, ) Kirol Road, Off LBS Marg, Kurla (West), ) Mumbai - 400 070.
) ...Applicant
Coram:- K. R. Shriram, J.
Dated:- 4th December, 2015.
Called Summons for Direction Mr. Kedar Dighe, Advocate for the Applicant.
M I N U T E S O F O R D E R Upon the application of the above-named Applicant Company by a Summons for Direction, And upon hearing Shri Kedar B. Dighe, Advocate for the Applicant And upon reading the affidavit of Mr. George Abrao Director of the Company in support of Company Summons for Direction dated 12th August, 2015, and the Exhibits therein referred to, IT IS ORDERED THAT :
(a) The convening and holding the meeting of 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 Asian Seaway Private Limited, the First Transferor Company, Credence Shipping Agencies Pvt. Ltd., the Applicant / Second Transferor Company, and Fairwind Shipping Agency Private Limited, the Third Transferor Company, with Poseidon Shipping Agency Private Limited, the Transferee Company, is dispensed with, in view of the consents given by both the Equity Shareholders of the Applicant Company which are annexed as Exhibits "D-1" and "D-2" to the Affidavit in Support of Company Summons for Direction.
(b) There are no Secured or Unsecured Creditors of the Applicant Company as stated in paragraph 29 of the Affidavit in Support of Company Summons for
Direction, hence, the question of convening and holding the meeting of Secured or Unsecured Creditors does not arise. (K. R. Shriram, J.) Certificate I Certify that this order is a true and correct copy of original order uploaded. Mr. S. Gawde Stenographer.