Anilkumar Cotton Textiles Mills Pvt.L Td. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 35 OF 2016 In the matter of the Companies Act, 1956;
-AndIn the matter of Sections 391 to 394 of the Companies Act, 1956.
-AndIn the matter of Anilkumar Cotton Textiles Mills Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at 381, Shyam Bhawan, J.S.S. Road, Chira Bazar, Mumbai 400 002.
-AndIn the matter of the Scheme of Arrangement amalgamation of Anilkumar Cotton Textiles Mills Pvt. Ltd. with Shyam Fabrics Pvt Ltd.
Anilkumar Cotton Textiles Mills Pvt. Ltd., ) a company incorporated under ) the Companies Act, 1956 and having its )
registered office at 381, Shyam Bhawan, ) J.S.S. Road, Chira Bazar, ) Mumbai 400 002 ) CIN: U24300MH1988PTC047877 ) ... Applicant Company Called out Company Summons for hearing: - Mr. S. P. Dalal i/b Dalal & Co. for the Applicant CORAM : K. R. Shriram J.
DATE : 11th day of February, 2016.
MINUTES OF THE ORDER Upon the Application of the Applicant Company abovenamed, by Summons for Directions AND UPON HEARING Advocate for Applicant Company AND UPON READING the Affidavit dated 19.11.2015 of Mr. Anil Sonthalia, Director of the Applicant Company in support of the Company Summons for Directions and Exhibits therein referred to, IT IS ORDERED:
1.
That convening and holding the meeting of the Equity Shareholders of the Transferee/Applicant Company for the purpose of considering and if thought fit approving, with or without modification(s), the proposed Scheme of Amalgamation between (i) Anil Kumar Cotton Textiles Mills Pvt. Ltd (ii) Real Cotton India Pvt. Ltd & (iii) Shyam Fabrics Pvt. Ltd and their respective shareholders is dispensed with in view of the consents given by all 8 (Eight) equity shareholders of the Applicant Company as set out in paragraph No. 20 therein which are annexed as Exhibits I-1 to I-6A & J to the affidavit in support of the Company Summons for Direction. 2.
That convening and holding the meeting of the Secured Creditors of the Transferee Applicant Company for the purpose of considering and if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation between (i) Anil Kumar Cotton Textiles Mills Pvt. Ltd (ii) Real Cotton India Pvt. Ltd & (iii) Shyam Fabrics Pvt. Ltd is dispensed with in view of the averments made in paragraph 18 of the affidavit in support of the Company Summons for Direction. 3.
That convening and holding the meeting of the Unsecured Creditors of the Applicant Company and sending individual notices to them and issue of Public Notice for the purpose of considering and if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation between (i) Anil Kumar Cotton Textiles Mills Pvt. Ltd (ii) Real Cotton India Pvt. Ltd & (iii) Shyam Fabrics Pvt. Ltd is dispensed with in
view of the averments made in paragraph 18 of the affidavit in support of the Company Summons for Direction.
(K. R. Shriram J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of the original signed Order. Uploaded by: S. Gawade.
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