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COMP/28020/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 280 of 2008
In
COMPANY
APPLICATION No. 490 of 2008
=========================================================
ESSAR
SHIPPING PORTS AND LOGISTICS LIMITED - Petitioner(s)
Versus
.
- Respondent(s)
=========================================================
Appearance
:
MRS
SWATI SOPARKAR for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 21/10/2008
ORAL
ORDER
Heard Ms. Vaibhavi Parikh
for Mrs. Swati Soparkar, the advocate for the petitioner transferee
company, in the proposed scheme of arrangement in the nature of
amalgamation of India Shipping, foreign transferor company having
its registered office at Mauritius and Essar Sisco Ship Management
Company Ltd., another Indian transferor Company having its
registered office at Chennai with Essar Shipping Port &
Logistics Ltd., the petitioner transferee Company.
It has been submitted
that pursuant to the order dated 2.9.2008 passed in Company
Application No.490 of 2008, a meeting of the equity shareholders of
the Company was convened to consider the proposed scheme on
4.10.2008. The proposed scheme of arrangement was duly approved
unanimously i.e. 100% in number and 100% in value by the equity
shareholders present and voting at the meeting. The Chairman’s
Report dated 7.10.2008 alongwith the affidavit of the Chairman dated
10.10.2008 confirming the same is placed on record. Hence, the
present petition is moved for obtaining the sanction of this Court.
Admit. To be finally
heard on 25.11.2008.
To be advertised in
English daily, ‘Indian Express’ and the other in Gujarati daily,
‘Sandesh’ in all the edition in Gujarat. Publication in government
gazette is dispensed with.
Notice to the Central
Government through the Regional Director, Department of Corporate
Affairs. He is directed to file the report before the date of final
hearing.
At the time of final
hearing of the petition the petitioner is directed to place on
record the relevant provisions of Mauritius law as well as the
outcome of the proceedings before the Madras High Court.
(K. A. PUJ, J.)
kks
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