TaxTMI 
TaxTMI 
2021 (6) TMI 697
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....ation of the meetings of unsecured creditors of applicant transferor company. The applicant companies further prayed for direction for holding and convening the meetings of the secured as well as unsecured creditors of the applicant transferee Company. 2. M/s. NAGINA PROCESSORS Pvt. Ltd. is a company incorporated in the State of Gujarat on the First day of August One Thousand Nine Hundred Ninety One (01/08/1991) having CIN U17110GJ1991PTC016048 and having its registered office at Plot No. 5535, GIDC Sachin, Surat, Gujarat, India. 3. M/s. RUDRAKSH SYNTHETIC PRIVATE LIMITED, is a company, incorporated in the State of Gujarat on the Sixth Day of February Two Thousand Ten (06/02/2010) having CINU17120GJ2010PTC059457 having its registered offi....
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....mpanies Act, 2013. It is also stated in the application that no winding up proceeding are filed or pending either against the Transferor Company or the Transferee Company. 7. The learned PCS for the applicant companies appeared and submitted that the both the applicant companies have complied the Accounting standard for the proposed scheme of amalgamation as prescribed under section 133 of the Companies Act, 2013. 8. The learned PCS for the applicant companies further submitted followings details of creditors as well as shareholders of both the applicant companies; I. There are 12 shareholders in the applicant transferor company and all the shareholders have given their consent affidavits for the proposed scheme of amalgamation. II. T....
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....nt companies and the material on record, we pass following order:- (1) In the light of affidavit given by shareholders of the applicant companies. The meetings of Equity Shareholders of the Applicant Companies shall be dispensed. (2) A meeting of Un-secured Creditors of Nagina Processors Pvt. Ltd. Transferor Company shall be dispensed as Un-secured Creditors have no objection for dispensation of meeting as consent affidavit of one Unsecured Creditor representing 92.11% of total unsecured debt gave their consent for the Scheme of Amalgamation. (3) A meeting of Secured Creditors of applicant Transferor Company shall be dispensed as there is no secured creditor of Transferor Company. (4) A meeting of Secured Creditors of the Transferee....
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....and the prescribed form of proxy shall be sent to each of the Secured and Unsecured Creditors of the Transferee Company at their respective registered or last known address either by registered Post or Speed Post/Airmail or by courier. The notice shall be sent to the Secured and Unsecured Creditors of the Transferee Company with reference to the list of persons appearing on the records of the applicants Company as on 31.12.2020. 13. Mr. Ketan Shantilal Dani (Partner of M/s. HAKIM DANI & CO.) Chartered Accountant, having Membership no. 040801, having office at 402A, Wing Tirupati Plaza, Nanpura, Surat-395001, Gujarat, India shall be the Chairman of the aforesaid meeting to be held on Saturday, 13.07.2021 and in respect of any adjournment or....
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....rds or registers of the Applicant Companies and where the entries in the records or registers are disputed, the Chairman of the meetings shall determine the number of values, as the case may be, for the purposes of the meetings. 19. The Chairman to file an affidavit not less than 7 days before the date fixed for the holding of the meetings and to report to this Tribunal that the directions regarding issuance of notices and advertisement of the meetings have been duly complied with as per Rule 12 of the Companies (CAA) Rules, 2016. 20. It is further ordered that the Chairman shall, report to this Tribunal on the result of the meeting in Form No. CAA.4, verified by his affidavit, as per Rule 14 of the Companies Rule (CAA) Riles, 2016 in For....