TaxTMI 
TaxTMI 
2021 (8) TMI 1105
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....any Application C.A.(CAA) No. 86/KB/2021 is an application filed by the Applicants for payment and closure of Secured Creditors of Applicant No. 8 which was made after the filing of Company Application. 2. The instant application has been filed in the first stage of the proceedings under Section 230(1) read with Section 232(1) of the Companies Act, 2013 ("Act") for orders and directions with regard to meetings of shareholders and creditors in connection with the Scheme of amalgamation of KOTIRATAN COMMERCIAL PRIVATE LIMITED being the Applicant No. 2 above named ("Transferor Company No. 1" or "Applicant No. 2") and LINKPOINT TRADECOMM PRIVATE LIMITED, being the Applicant No. 3 above named ("Transferor Company No. 2" or "Applicant No. 3") ....
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....NCE SHAREHOLDERS : NIL Number of SECURED CREDITORS : NIL as on 31st January, 2021 Number of UNSECURED CREDITORS : 2 as on 31st January, 2021 c. APPLICANT No. 3 Number of EQUITY SHAREHOLDERS : 2 as on 31st January, 2021 Number of PREFERENCE SHAREHOLDERS : NIL Number of SECURED CREDITORS : NIL as on 31st January, 2021 Number of UNSECURED CREDITORS : 3 as on 31st January, 2021 d. APPLICANT No. 4 Number of EQUITY SHAREHOLDERS : 3 as on 31st January, 2021 Number of PREFERENCE SHAREHOLDERS : NIL Number of SECURED CREDITORS : NIL as on 31st January, 2021 Number of UNSECURED CREDITORS : 2 as on 31st January, 2021 e. APPLICANT COMPANY....
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...., to the application. 7. It is further submitted that 99.91% in value of Unsecured Creditors of the Applicant No. 2 have already given their consent to the Scheme by way of affidavits, which are annexed, to the application. 8. It is further submitted that 99.76% in value of Unsecured Creditors of the Applicant No. 3 have already given their consent to the Scheme by way of affidavits which are annexed to the application. 9. It is further submitted that 99.93% in value of Unsecured Creditors of the Applicant No. 4 have already given their consent to the Scheme by way of affidavits which are annexed to the application. 10. It is further submitted that 94.50% in value of Unsecured Creditors of the Applicant No. 5 have already given ....
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....ed Creditors of the Applicant Companies in view of NIL creditors verified by auditors certificate. 17. Upon perusing the records and documents in the instant proceedings and considering the submissions made on behalf of the Applicants, we allow the instant application and make the following orders:- a. Meetings dispensed: Meeting of Equity Shareholders of the Applicant Companies for considering the Scheme of Amalgamation are dispensed with in view of all shareholders of Applicant Companies having respectively given their consent to the Scheme by way of affidavits. Meeting of Unsecured Creditors of Applicant No. 1 for considering the Scheme of Amalgamation are dispensed with in view of consent by way of affidavi....
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....n view of consent by way of affidavits by Unsecured Creditors representing 93.85% in value of Unsecured Creditors of Applicant No. 7. Meeting of Unsecured Creditors of Applicant No. 8 for considering the Scheme of Amalgamation are dispensed with in view of consent by way of affidavits by Unsecured Creditors representing 100% in value of Unsecured Creditors of Applicant No. 8. b. No requirement of Meetings Secured Creditors of Applicant No. 1 to 7 NIL Creditors verified by auditors certificate. Secured Creditors of Applicant No. 8 being paid and account closure cum no due certificate issued by the Secured Creditor. c. Meetings to be held No meeting directed to be held 18. Notice under ....