2016 (1) TMI 1315

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....er, 1. This is a first motion application, which has been moved by Allengers Global Healthcare Private Limited (i.e. applicant/transferee company) (hereafter referred to as the transferee company) under Section 391 and 394 of the Companies Act, 1956 (in short the Act). 1.1 By this application, the transferee company seeks dispensation of the requirement to convene meeting of its shareholders, se....

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....n. 3. The affidavit filed in support of Judge's summons articulates, in paragraph 22, the justification and the necessity for proposing an amalgamation among the companies referred to above. The benefits which the proposed scheme is likely to provide, to the companies are set forth in the said affidavit. In particular, the salient features of the scheme are provided in paragraph 26 of the affidav....

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....he transfer. (iii) That the appointed date for the purpose of Scheme of Amalgamation is 01.04.2015 and the Scheme will be effective on the following dates or such other date as the Hon'ble Court of Punjab & Haryana at Chandigarh and/ or Hon'ble Court at New Delhi may direct, the date on which the last of the certified copy of the order, under section 394 of the Act, of the Hon'ble Court of Punja....

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....nt to the effect, in paragraph 14 of the application, that no proceedings under Section 235 to 351 of the Act are pending against the transferee company as on date. 6. The position with regard to the consents given by the equity shareholders, secured and unsecured creditors of the transferee company, are indicated in paragraph 9 of the application. For the sake of convenience, the same are extrac....