Alliance Holdings Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 807 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956) (or any re-enactment thereof upon effectiveness of 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 Alliance Holdings Private Limited ("AHPL" or "the Transferor Company") WITH Quadrillion Capital Private Limited ("QCPL" or "the Transferee Company") AND their respective Shareholders ) ) ) ) ) ) ) Alliance Holdings Private Limited, a company incorporated under the provisions of Companies Act, 1956 having its Registered Office at 206, 2nd Floor, Vithaldas Chambers 16, Mumbai Samachar Marg, Fort, Mumbai - 400001 ........Applicant Company Called: Summons for Directions Mr. Rajesh Shah i/b. Rajesh Shah & Co., Advocates for the Applicant Coram: A K Menon, J Date: 29th September, 2016
MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Company Summons for Directions AND UPON HEARING Mr. Rajesh Shah instructed by Rajesh Shah & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 8th day of September, 2016 of Mr. Tushar Kedia, Authorised Signatory of the Applicant Company, in support of Company Summons for Direction and the Exhibits 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 modifications, the proposed Scheme of Amalgamation of Alliance Holdings Private Limited with Quadrillion Capital Private Limited and their respective shareholders is dispensed with in view of the consent given by all the Three Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'D1' to 'D3' to the affidavit in support of the Company Summons for Direction.
2) There are no Secured Creditors in the Applicant Company as mentioned in paragraph 11 of the affidavit in support of the Company Summons for Direction. Hence the question of convening and holding the meeting of Secured Creditors does not arise.
3) The convening and holding the meeting of the Unsecured Creditors of the Applicant for the purpose of considering and if thought fit, approving with or without modifications, the proposed Scheme of Amalgamation of Alliance Holdings Private Limited with Quadrillion Capital Private Limited and their respective shareholders is dispensed with in view of the averment made in paragraph 12 of the affidavit in support of the Company Summons for Direction and that the Applicant Company undertakes to issue individual notice of hearing of the Petition by R.P.A.D to all its Unsecured Creditors and also undertakes to publish the notice of hearing of the Petition in two local newspapers i.e. Free Press Journal in English language and translation thereof in Navshakti, in Marathi language having circulation in Mumbai. The said undertaking is accepted.
(A K Menon, J) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.
Uploaded by: Shankar Gawde, Stenographer.