2010 (7) TMI 822

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....e 6 of the Companies (Court) Rules, 1959, which recognises the practice or procedure followed by the court or by the Code of Civil Procedure, 1908. Rule 9 retains the inherent power to the court to prevent an abuse of process. Chapter XL, rule 3 of the Original Side Rules of our court says that the practice followed by the court, which is not provided by or contrary to the Rules be continued. Our court on its original side does follow the practice of dispensing with the formalities in appropriate cases, when the facts of the case so demand or when justice so requires. We often dispense with the formalities in getting an appeal ready for hearing. In winding up applications, we ask the parties to serve a copy of the petition upon the company,....

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....gement for amalgamation between applicant-company Nos. 1 and 2 and their respective shareholders. 4. A meeting of the preference shareholders of Pragal Investments P. Ltd., being applicant No. 2 herein shall be convened and held at 5 and 6 Fancy Lane, Kolkata - 700 001, on Saturday the August 7, 2010, at 12 noon for the purpose of considering and if thought fit, approving, with or without modification, the proposed scheme of arrangement for amalgamation between applicant-company Nos. 1, 2 and their respective shareholders. 5. At least 21 (twenty one) clear days before the date of the said meetings an advertisement convening the same and stating that the copies of the said scheme of arrangement for amalgamation, and of the statement requir....

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....eholders of applicant No. 2 to be held as aforesaid at a remuneration of 500 G.M. 9. Mrs. Shiksha Roy Chowdhury, Advocate, Bar Association Room No. 9 failing which Mr. Chinmoy Kumar Maity, Advocate, Bar Association Room No. 10 shall be the chairperson for the said meeting of the preference shareholders of applicant No. 2 to be held as aforesaid at a remuneration of 500 G.M. 10. Any one of the chairpersons appointed for the said meetings or any person authorised by them to issue and send out the notice of the said meetings referred to above. 11. The quorum for the meeting of the equity shareholders of applicant-company No. 2 may be fixed at 2 (two) persons each present either in person or in proxy and quorum for the respective meetings of....