Gujarat High Court Case Information System
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COMA/143/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 143 of 2010
=========================================================
KHAJANCHI
AND GANDHI STOCKBROKING PVT LTD - Applicant(s)
Versus
.
- Respondent(s)
=========================================================
Appearance :
MRS
SANGEETA N PAHWA for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 07/05/2010
ORAL
ORDER
The
present Company Application has been preferred by the present
applicant Khajanchi and Gandhi Stockbroking Pvt. Ltd. (Transferee
Company) seeking dispensation of the meeting of the unsecured
creditors and the sole secured creditor for the purpose of
considering and if thought fit, approving, with or without
modification, the Scheme of Amalgamation proposed to be made between
Khajanchi and Gandhi Brokerage Pvt. Ltd. (Transferor Company) with
the applicant- Khajanchi and Gandhi Stockbroking Pvt. Ltd.
(Transferee Company), having obtained the consent of all the
unsecured creditors as well as the sole secured creditor.
Shri
Navin Pahwa, learned advocate appearing on behalf of the applicant
(Transferee Company) has drawn the attention of all the consent
letters of the unsecured creditors produced at Page No.44 and the
consent letter of the sole secured creditor at Page 33. The
applicant has also produced a certificate given by M/s.Munir Shah &
Associates, Chartered Accountant confirming that there are only 10
unsecured creditors and only one secured creditor. The Chartered
Accountant has also confirmed the list of unsecured creditors and
the secured creditor. Having obtained the consent letters of the
unsecured creditors and sole secured creditor to the proposed Scheme
of Amalgamation made between Khajanchi and Gandhi Brokerage Pvt.
Ltd. (Transferor Company) with the applicant- Khajanchi and Gandhi
Stockbroking Pvt. Ltd. (Transferee Company), it is requested to
dispense with the meeting of the unsecured creditors and secured
creditor.
It
is further reported that the meeting of the Equity Shareholders of
the applicant-Company was ordered to be dispensed with vide order
dated 22nd March, 2010 passed in Company Application
No.69 of 2010 having obtained and procured and produced on record
the consent letters of all the Equity Shareholders and the
Preference Shareholders.
In
view of the fact that all the unsecured creditors and the sole
secured creditor of the applicant (Transferee Company) have given
their consent in writing approving the scheme of Amalgamation, the
meeting of the unsecured creditors and the secured creditor of the
applicant company (Transferee Company) for the purpose of
considering and if though fit, approving, with or without
modification, the scheme of Amalgamation between Khajanchi and
Gandhi Brokerage Pvt. Ltd. (Transferor Company) with the
applicant-Khajanchi and Gandhi Stockbroking Pvt. Ltd. (Transferee
Company) is hereby ordered to be dispensed with.
With
this, the present application is disposed of.
(M.R.SHAH,
J.)
(ashish)
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