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COMP/102/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 102 of 2010
In
COMPANY
APPLICATION No. 171 of 2010
===================================
ANUKUL
INVESTMENTS PRIVATE LIMITED - Petitioner
Versus
-
Respondent
===================================
Appearance
:
MRS
SWATI SOPARKAR for Petitioner.
None for
Respondent.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 15/07/2010
ORAL ORDER
The
present petition is filed for obtaining the sanction of this Court
to the proposed Scheme of Arrangement in the nature of De-merger and
Transfer of Investment Division of Anukul Investments Private
Limited to Aura Securities Private Limited and Reconstruction of
Capital by reduction of Equity Share Capital as well as utilization
of Share Premium Account of Anukul Investments Private Limited.
Heard
Mrs. Swati Soparkar, learned advocate appearing for the petitioner
De-merged Company. It has been submitted that vide order dated 7th
July 2010 passed in Company Application No.171 of 2010, the meetings
of the Equity and Preference Shareholders of the Company were
dispensed with in view of the consent letters from all of them being
placed on record. Whereas the meetings of the creditors were
dispensed with, in light of the net worth of the De-merged Company
in terms of excess of assets over the liabilities, even Post
de-merger, being substantially positive and the consent letter of
the only Secured Creditor being placed on record. Hence, the
present petition is moved for obtaining the sanction of this Court.
ADMIT.
To be heard on Thursday, the 12th day of August, 2010.
To
be advertised in Indian Express – English daily and
Gujarat Samachar – Gujarati daily, Ahmedabad Editions.
Publication in Government Gazette is dispensed with.
Notice
to the Central Government through the Regional Director, Western
Region, Ministry of Corporate Affairs.
Since
all the three Companies are Private Limited Companies and are of the
same Group, they are permitted to issue the common advertisements in
the two newspapers as indicated above.
Sd/-
[K. A. PUJ, J.]
Savariya
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