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Bombay High CourtCAL/29/2015dispossed offdismiss for default

Char It Enabled Services Private Limited, Nagpur v. None

2015-12-18Hon'Ble Shri Justice Ravi K. Deshpande2 pages

cal.29.15 1/2 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Company Application [CAL] No.29 of 2015 (Char It Enabled Services Pvt. Ltd.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : R.K. DESHPANDE, J.

DATE : DECEMBER 18, 2015.

Heard Shri Nitin Lalwani, the learned Counsel for the applicant - transferor company, in the matter of amalgamation of the company under Sections 391 to 394 of the Companies Act, 1956 and on perusal of the affidavit filed by Smt. Neelprabha w/o Vinayak Potnis, the Director of applicant company along with annexures attached in support of the contents of the affidavit, the following order is passed :

1. There are 2 equity shareholders of the applicant/ transferee company. All the equity share holders (100%) have given their consent to the scheme of amalgamation. The consent letter of the equity share holders are annexed to the company application.

2. There is no secured creditor and, therefore, the meeting of the secured creditors is not required to be called.

cal.29.15 2/2

3. The transferor company has 2 unsecured creditors (including one loan provider), they have given their consent to the scheme of amalgamation. The consent letter of the unsecured creditor and loan provider is annexed to the company application.

4. Since, all equity shareholders, unsecured creditors have given their consent to the scheme of amalgamation by their consent letters and there being no secured creditors, the holding of the meeting of the secured creditors, unsecured creditors and shareholders is dispensed with.

5. The company application is disposed of.

JUDGE *sandesh