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COMA/524/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 524 of 2011
=========================================================
M
N G TRADELINK PRIVATE LIMITED - Applicant(s)
Versus
.
- Respondent(s)
=========================================================
Appearance
:
MRS
SANGEETA N PAHWA for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 14/11/2011
ORAL
ORDER
1. The applicant
M.N.G. Tradelink Private Limited is
the Transferor Company in the Scheme of Amalgamation of S. V.
Tradelink Private Limited, Bhavna Tradelink Private Limited, M. N. G.
Tradelink Private Limited, Shivam Biotech Private Limited, SRK
Infrabuild Private Limited, and Sadbhav Capital Private Limited, with
Sadbhav Realty Private Limited. The applicant has filed the present
application seeking dispensation of the meetings of Equity
Shareholders and unsecured creditors on the ground that all the
shareholders and unsecured creditors have given their consents in
writing approving the Scheme of Amalgamation.
2. The Learned Counsel
for the applicant submits that all the shareholders and unsecured
creditors of the applicant have given their consents in writing
approving the Scheme of Amalgamation. The applicant has produced the
consent letters of all the Equity Shareholders and Unsecured
Creditors along with the list at Annexure ‘D’ colly with
the Affidavit in support of Judges Summons. The applicant has also
produced a certificate given by Narendra M. Patel & Associates,
Chartered Accountants dated 01.10.2011 certifying that all the equity
shareholders and unsecured creditors have given their consent and the
company has no secured creditors which is produced at Annexure ‘E’
Colly to the Affidavit. The applicant therefore prays for
dispensation of the meetings of the equity shareholders and unsecured
creditors.
3. Having heard the Ld.
Advocate for the applicant and having perused the record including
the certificate as above referred, it appears to the Court that
consents of all the shareholders and unsecured creditors are
obtained. It is also reported that there are no Secured Creditors.
Accordingly, the meetings of the shareholders and unsecured creditors
of the applicant company are ordered to be dispensed with.
4. The
present application is accordingly disposed of.
(K.M.THAKER,
J.)
jani
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