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COMA/530/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 530 of 2008
======================================
AVIS
METAL POWDER LTD - Applicant
Versus
.
- Respondent
======================================
Appearance
:
MR KK NAIR for Applicant.
None
for Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 13/10/2008
ORAL ORDER
Leave
to place consent letters duly signed and stamped by Paridham
Industries Limited and Associates Chemicals at page Nos.63 & 74
respectively.
The
applicant ? Transferor Company has taken out this Judge’s Summons
seeking direction to dispense with the meeting of shareholders and
creditors of the applicant Company as the applicant has procured
consent of shareholders and creditors of the Company to the proposed
Scheme of amalgamation, amalgamating applicant Company with M/s.
Avis Machines Private Limited ? Transferee Company.
I
have heard Mr. K. K. Nair, learned advocate appearing for the
applicant Company, perused the affidavit in support of the
application and the documents produced and annexed with the
affidavit.
The
applicant has produced the consent letters of the shareholders and
creditors of the applicant Company. It appears from the consent
letters that they have given their consent / approval to the
proposed Scheme of Amalgamation of M/s. Avis Metal Powder Limited
with M/s. Avis Machines Private Limited. The applicant has also
produced the certificate of their Auditors.
In
view of the documents produced along with the application, the Court
is satisfied that the applicant Company has procured and produced
the consent / approval letters from all the shareholders and
creditors to the proposed Scheme of Amalgamation amalgamating
applicant Company with M/s. Avis Machines Private Limited and hence,
their meetings are not required to be held as required under Section
391 of the Companies Act, 1956. The said meetings of the
shareholders and creditors are, therefore, dispensed with.
The
application stands disposed of accordingly.
Sd/-
[K. A. PUJ, J.]
Savariya
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