Reliable Gensets And Controls Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 852 OF 2015 In the matter of the Companies Act, 1 of 1956 and other relevant provisions of Companies Act, 2013;
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provisions of Companies Act, 2013;
AND In the matter of Scheme of Amalgamation of Reliable Gensets & Controls Private Limited, the Transferor Company with Perfect House Private Limited, the Transferee Company Reliable Gensets & Controls Private Limited, A Company incorporated under the Companies Act, 1956 having its Registered Office at Plot No. the said Mr. Mehtab-7, Additional M.I.D.C., Satara, Satara- 415 003 ..... Applicant Company Called Summons for Direction for hearing Mrs. Smita Vora i/b M/s. Vora & Associates, Advocate for the Applicant Coram: K.R Shriram, J.
Date: 11th December, 2015
MINUTES OF THE ORDER UPON the application of the Applicant Company above named by Company Summons for Direction AND UPON HEARING Mrs. Smita Vora instructed by M/s. Vora & Associates, Advocate for the Applicant Company, AND UPON READING the Affidavit dated 28th September 2015 of Mr. Vipul Ghelani, 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 Reliable Gensets & Controls Private Limited, the Transferor Company with Perfect House Private Limited, the Transferee Company is dispensed with in view of the consent given by all the Six Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-6' 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 27 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 Reliable Gensets & Controls Private Limited, the Transferor Company with Perfect House Private Limited, the Transferee Company is dispensed with in view of the averments made in paragraph 28 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to its all Unsecured Creditors and also to publish the same in two local news papers viz. "Free Press Journal", in English language and translation thereof in "Navshakti", in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.
(K. R. Shriram, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.
Uploaded by : Shankar Gawde, Stenographer.