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COMA/258/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 258 of 2010
=========================================================
PRERNA
HOSPITALS PRIVATE LIMITED - Applicant(s)
Versus
.
- Respondent(s)
=========================================================
Appearance
:
MR
HARMISH K SHAH for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date : 23/09/2010
ORAL ORDER
The
present Judge’s Summons has been taken out by the applicant-Prerna
Hospital Pvt. Ltd., (transferor Company) for an appropriate order to
dispense with the meeting of the equity shareholders to consider and
approve the proposed scheme of amalgamation in the nature of
amalgamation of Prerna Hospital Pvt. Ltd., (transferor Company),
Prerna Builder Ltd., (other
transferor Company) and Prerna Stockbrokers Pvt. Ltd., (another
transferor Company) with Prerna Infrabuild Pvt. Ltd., (transferee
Company) as required to be held under Section 391(2) of the
Companies Act, 1956.
All the equity
shareholders (there being no secured creditor and unsecured
creditor) of the applicant Company have given their consent in
writing approving the scheme of amalgamation. The said consents are
annexed as Annex.’D’ ( at page no.32 to 36) to the application. The
Certificates from the Company Secretary confirming the status of
shareholders are annexed as Annex.’D’ at page no.31.
In view of this, the
meetings of the equity shareholders of the applicant Company, as
required to be held under provisions of Section 391(2) of the
Companies Act, 1956, are not necessary to be held and are hereby
dispensed with. The application is hereby disposed of.
(K. A. PUJ, J.)
kks
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