Bhartiya Urban Infrastructure v.

Company Appln.No.704 of 2016 RAJIV SHAKDHER,J.

1. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the equity shareholders of the applicant company (Transferor Company No.I) and to fix a date for presentation of the Company

2. It is seen on a perusal of the record that consent affidavits of the equity Annexure "7" at pages 109 to 128 of the paper book. Chartered Accountant Certificate stating that the applicant company has no secured creditors is also filed, which is appended as Annexure "8" at page 129 of the paper book.

3. Taking note of the same, this Court dispenses with the convening and (Transferor Company No.I). The company petition shall be presented on or before Company Appln.No.705 of 2016

4. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the unsecured creditors of the applicant company

(Transferor Company No.I) and to fix a date for presentation of the Company

5. It is seen on a perusal of the record that consent affidavits of the unsecured creditors of the applicant company have been filed, which are appended as Annexure "9" at pages 130 to 135 of the paper book.

6. Taking note of the same, this Court dispenses with the convening and holding of the meeting of the unsecured Creditors of the applicant company (Transferor Company No.1). The company petition shall be presented on or before Company Appln.No.706 of 2016

7. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the equity shareholders of the applicant company (Transferor Company-II) and to fix a date for presentation of the Company Petition.

8. It is seen on a perusal of the record that consent affidavits of the equity Annexure "7" at pages 95 to 101 of the paper book. Chartered Accountant Certificate stating that the applicant company has no secured creditors is also filed,

which is appended as Annexure "8" at page 102 of the paper book.

9. Taking note of the same, this Court dispenses with the convening and (Transferor Company - II). The company petition shall be presented on or before Company Appln.No.707 of 2016

10. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the unsecured creditors of the applicant company (Transferor Company No.II) and to fix a date for presentation of the Company

11. It is seen on a perusal of the record that consent affidavits of the unsecured creditors of the applicant company have been filed, which are appended as Annexure "9" at pages 103 - 106 of the paper book.

12. Taking note of the same, this Court dispenses with the convening and holding of the meeting of the unsecured Creditors of the applicant company (Transferor Company No.II). The company petition shall be presented on or before

Company Appln.No.708 of 2016

13. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the equity shareholders of the applicant company (Transferor Company-III) and to fix a date for presentation of the Company Petition.

14. It is seen on a perusal of the record that consent affidavits of the equity Annexure "7" at pages 103 to 109 of the paper book. Chartered Accountant Certificate stating that the applicant company has no secured creditors is also filed, which is appended as Annexure "8" at page 110 of the paper book.

15. Taking note of the same, this Court dispenses with the convening and (Transferor Company - III). The company petition shall be presented on or before Company Appln.No.709 of 2016

16. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the unsecured creditors of the applicant company (Transferor Company No.III) and to fix a date for presentation of the Company

17. It is seen on a perusal of the record that consent affidavits of the unsecured creditors of the applicant company have been filed, which are appended as Annexure "9" at pages 111 to 114 of the paper book.

18. Taking note of the same, this Court dispenses with the convening and holding of the meeting of the unsecured Creditors of the applicant company (Transferor Company No.III). The company petition shall be presented on or before Company Appln.No.710 of 2016

19. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the equity shareholders of the applicant company (Transferee Company) and to fix a date for presentation of the Company Petition.

20. It is seen on a perusal of the record that consent affidavits of the equity Annexure "7" at pages 119 to 126 of the paper book. Chartered Accountant Certificate stating that the applicant company has 40 secured creditors is also filed, which is appended as Annexure "8" at pages 127 to 129 of the paper book. Consent affidavits from such secured creditors have been obtained, which are appended as Annexure "9" at pages 130 to 145 of the paper book.

21. Taking note of the same, this Court dispenses with the convening and (Transferee Company). The company petition shall be presented on or before Company Appln.No.711 of 2016

22. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the Secured Creditors of the applicant company (Transferee Company) and to fix a date for presentation of the Company Petition.

23. It is seen on a perusal of the record that Chartered Accountant Certificate stating that the applicant company has 40 secured creditors is filed, which is appended as Annexure "8" at pages 127 to 129 of the paper book and consent affidavits of the Secured Creditors of the applicant company have also been filed, which are appended as Annexure "9" at pages 130 to 145 of the paper book.

24. Taking note of the same, this Court dispenses with the convening and holding of the meeting of the Secured Creditors of the applicant company (Transferee Company). The company petition shall be presented on or before

Comp.A.No.712 of 2016

25. The applicant herein prays for dispensing with the convening, holding and conducting of the meeting of the unsecured creditors of the applicant company (Transferee Company) and to fix a date for presentation of the Company Petition.

26. Learned counsel for the applicant says that the total value of the unsecured creditors of the applicant/transferee company, as on 15.06.2016, is a sum of Rs.14,29,83,729/-.

27. Learned counsel also says that he will try and obtain consent from as many as possible unsecured creditors.

28. At request, re-notify C.P.No.712 of 2016 on 24.08.2016. kj/sl 10.08.2016

RAJIV SHAKDHER,J.

kj/sl Comp.Appl.Nos.704 to 712 of 2016 10.08.2016