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Gujarat High Court
Jekson vs Blank on 18 March, 2011
Author: Anant S. Dave,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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COMA/256/2011	 2/ 2	ORDER 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

 


 

COMPANY
APPLICATION No. 256 of 2011
 

 


 

=================================================


 

JEKSON
ENTERPRISES PVT LTD - Applicant(s)
 

Versus
 

Blank
Name - Respondent(s)
 

=================================================
 
Appearance : 
MRS
SANGEETA N PAHWA for Applicant(s) : 1, 
None for Respondent(s) :
1, 
================================================= 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

 
 


 

Date
: 18/03/2011 

 

ORAL
ORDER

The
applicant Jekson Enterprises Pvt. Ltd. is the Transferor Company in
the Scheme of Amalgamation of Jekson Enterprises Pvt. Ltd with
Diamond Textile Mills Pvt. Ltd. The applicant has filed the present
application seeking dispensation of the meeting of Equity
Shareholders and unsecured creditors on the ground that all the
equity shareholders and unsecured creditors have given their consents
approving the scheme of amalgamation.

Learned
counsel for the applicant submits that the applicant is wholly owned
subsidiary of the transferee company and therefore, no consent as
such is required to be produced. Learned counsel however submits
that without prejudice the applicant has obtained consent of all the
equity shareholders and unsecured creditors of the applicant in
writing approving the scheme of amalgamation. The applicant has
produced the consent letters of all equity shareholders and unsecured
creditors at Annexure-D Collectively with the affidavit in support of
Judges Summons. It is further stated on behalf of the applicant that
the applicant does not have any secured creditor. The applicant has
also produced certificate given by Manubhai & Co., Chartered
Accounts dated 08.01.2011certifying that the consent letters produced
on record as per the records of the company and also certifying that
the company does not have any secured creditor. The applicant,
therefore, prays for dispensation of the meetings of the equity
shareholders and unsecured creditors.

Having
heard learned advocate for the applicant and having perused the
record, including certificate as above referred, it appears to the
Court that consents of all the equity shareholders and unsecured
creditors are obtained. Accordingly, the meeting of the shareholders
and unsecured creditors of the applicant company are ordered to be
dispensed with.

The
present application is accordingly disposed of.

[Anant
S. Dave, J.]

*pvv

   

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