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COMA/203/2010 4/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 203 of 2010
=========================================================
HITESH
ENGINEERS PVT LIMITED - Applicant(s)
Versus
.
- Respondent(s)
=========================================================
Appearance
:
MR
UTKARSH B JANI for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 29/07/2010
ORAL ORDER
Leave to add prayer
regarding convening of meetings of unsecured and secured creditors.
Upon
the application of the above named Company by summons dated
13.7.2010 and upon hearing Shri Utkarsh Jani, learned advocate for
the company, and upon reading the affidavit of Shri Hitesh
Khimjibhai Aghera filed on 13.7.2010 and the exhibits therein
referred to (Exhibit D being a copy of the proposed scheme of
compromise or arrangement) and upon reading the additional affidavit
of Shri Hitesh Khimjibhai Aghera and the documents attached
therewith,
IT
IS ORDERED
That a meeting of the
equity shareholders of the company is hereby dispensed with, having
obtained the consent letters at Exhibit F collectively.
That a meeting of the
secured creditors of the above company shall be convened and held at
the Conference Hall situated in the premises of M/s.Rajoo Engineers
Ltd., having its address at Survey No.210, Plot No.1, Industrial
area, Shapar District, Rajkot on Tuesday, 7.9.2010 at 3:00 p.m. in
the noon for the purpose of considering, and if thought fit,
approving, with or without modifications, the compromise or
arrangement proposed to be made between the said Company and the
secured creditors of the said Company.
That a meeting of the
unsecured creditors of the above Company shall be convened and held
at the Conference Hall situated in the premises of M/s.Rajoo
Engineers Ltd., having its address at Survey No.210, Plot No.1,
Industrial area, Shapar District, Rajkot on Tuesday, 7.9.2010 at
4:00 p.m. in the noon for the purpose of considering, and if thought
fit, approving, with or without modifications, the compromise or
arrangement proposed to be made between the said Company and the
unsecured creditors of the said Company.
That at least 21 clear
days before the day appointed for the meeting, an advertisement
convening the same and stating that copies of the said compromise or
arrangement and of the statement required to be furnished pursuant
to Section-393 and forms of proxy can be obtained free of charge at
the registered office of the Company or at the office of its
advocate, and once in each of Gujarat Samachar and Time of India,
Ahmedabad Edition.
That, in addition, at
least 21 clear days before the meeting to be held as aforesaid, a
notice convening the said meeting at the place and time aforesaid,
together with a copy of the said compromise or arrangement, a copy
of the statement required to be sent under Section-393, and the
prescribed form of proxy, shall be sent by pre-paid letter post
under certificate of posting addressed to each of secured creditors
and unsecured creditors whose meetings are to be held at their
respective registered or last known address.
That Shri Hitesh Aghera,
the Director of the Company and failing him Shri Mohanbhai N.
Nanvar, practicing Chartered Accountant shall be the Chairman of the
meeting to be held on 7.9.2010 as aforesaid.
That the Chairman
appointed for the meeting do issue the advertisement and send out
the notices of the meeting referred to above.
That the quorum for the
said meetings shall be for secured creditors (2) two and for
unsecured creditors (5) five.
That voting by proxy be
permitted, provided that a proxy in the prescribed form duly signed
by the person entitled to attend and vote at the meeting, is filed
with the company at its registered office at Plot No.14, Survey
No.210, Vill. Veraval-Shapar, Tal. Kotdasangani, Dist. Rajkot,
Gujarat not later than 48 hours before the meeting.
That the value of each
creditor shall be in accordance with the books of the company and,
where the entries in the books are disputed, the Chairman shall
determine the value for purposes of the meeting.
And it is further ordered
that the Chairman do report to this Court the result of the said
meeting within 14 (Fourteen) days of the conclusion of the meeting,
and the said report shall be verified by his affidavit.
That with the above
directions this Company Application is accordingly disposed off.
(K. A. PUJ, J.)
kks
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