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COMA/442/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 442 of 2011
=========================================
ADANI
AGRO PRIVATE LIMITED - Applicant(s)
Versus
.
- Respondent(s)
=========================================
Appearance :
MRS
SWATI SOPARKAR for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 06/09/2011
ORAL
ORDER
1. The Applicant
in the Company Application No. 442/2011 viz. Adani Agro Private
Limited is the Transferee company, which proposes to enter into an
arrangement in the nature of Scheme of Amalgamation of Adishree
Tradelinks Private Limited and Sanidhya Commodities Private Limited,
the Transferor Companies, the Applicant in the Company Application
No. 440 of 2011 and 441 of 2011, with Adani Agro Private Limited,
the Transferee Company. Heard Mrs. Swati Soparkar, learned advocate
for the Applicant Company.
2. The Applicant
is a private limited company. It is engaged in trading activities of
Agro products and other commodities like coal, gold, agro products
and general merchandise. Both the Transferor companies are also
trading companies. The amalgamation is proposed to consolidate the
activities of both the entities and achieve synergies. The
application gives details of the benefits envisaged due to the
proposed Scheme.
3. All the
Equity shareholders of the Applicant Company have given their consent
in writing approving the scheme of amalgamation. The said consents
are annexed as Annex. ‘D’ to the application. The
certificate from the Chartered Accountant of the Company annexed as
Annex. ‘E’ herewith confirm the status of shareholders of
the Applicant Company as well as the receipts of the consent letters
from all of them.
4. In view of
this, the prayers are made vide para (a) of the Judges’ Summons
that the meeting of the Equity Shareholders of the Applicant Company,
as required to be held under provisions of Section 391(2) of the
Companies Act,1956, be dispensed with. Considering the submissions
and the written consents submitted by all concerned parties, it is
hereby held that the meeting of the Equity Shareholders of the
Applicant Company is not necessary to be held and is hereby dispensed
with.
5.
The application stands disposed of.
(K.M.THAKER,
J.)
jani
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