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COMA/252/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 252 of 2011
=========================================================
MINIX
HOLDINGS PVT LTD - Applicant(s)
Versus
Blank
Name - Respondent(s)
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Appearance :
MRS
SWATI SOPARKAR for
Applicant(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/03/2011
ORAL
ORDER
Upon
the application of the above named Company by summons dated 15th
March, 2010 filed under Section 391 to 394 of the Companies Act,
1956, upon hearing Mrs. Swati Soparkar, learned Advocate for the
applicant company and upon reading of the affidavit dated 12th
March, 2011 filed in support of the Judges’ summons for directions
and other relevant annexures attached in support of the contents of
the affidavit filed by the deponent, (Exhibit ‘C’ being a copy of the
proposed scheme of Arrangement), and considering the following
submissions,
The
applicant in the above referred Company Application viz. Minix
Holdings Private Limited is the Resulting Company which proposes to
enter into an arrangement in the nature of De-merger and Transfer of
the Investment Segment of Mitsu Private Limited to Minix Holdings
Private Limited.
It
has been pointed out that both the De-merged and Resulting companies
are wholly owned subsidiaries of another group company viz. Bilakhia
Holdings Private Limited. All the Equity Shareholders i.e. the
holding company and its nominees and the sole Preference Shareholder
of the Applicant Company, have given their consent in writing
approving the scheme of arrangement. The said consents are annexed
as Annex. ‘D’ and ‘E’ respectively to the application. The
certificates confirming the status of both Equity and Preference
Shareholders are annexed collectively as Annex. ‘F’ to the
application.
Considering
the above, it is hereby ordered that the meetings of the Equity and
Preference Shareholders of the Applicant Company as required to be
held under provisions of Section 391(2) of the Companies Act, 1956
are not necessary to be held and is hereby dispensed with.
The
application is hereby disposed of.
Sd/-
(Anant S. Dave, J.)
Caroline
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