High Court Karnataka High Court

Quality Engineering And Software … vs Nil on 4 August, 2010

Karnataka High Court
Quality Engineering And Software … vs Nil on 4 August, 2010
Author: H N Das
IN THE HIGH COURT OF KARNATAKA AT BANGAIEORE

DATED THIS THE 04% DAY OE AUGUS'IT.:'_:20"1'€j  ; f    _

BEFORE   

THE HON'BLE MR. IUs'1"1c_E   -

cA.No.6552:.2_Q;Q A
BE EN: O  '4 

QUALITY ENGINEER11\EG  ' E  _ 
TECHNOLOGIESEREVAEE L:IvEfrE_1'3~..j;--__ '  
REG:OFFICE:  TQ'WERs,_  " 

    '
MAHADEVAEUMEEV O   

BANG1\ELOR'4EOA>'5?50_E0;:1%V3;   _ .
TRANSFEROR V COM:>.A1¢Y%'1~1p.':2 _ ..APPLICANT

(By M/s ].sAGAR ASs.ocIA'EE;ls, AMUEALI 81
3 IfER}i;[(AL K';  'ADvs.,)

A HEE:   E 

     ..RESPONDEN'1"

"E1~§1s APPLICATION FILED UNDER SECTION 391 OE THE

~ COMPANIES ACT, 1956 PRAYING FOR DISPENSE WIT}-I AND/OR
CONVENING SEPARTE MEETHVGS OF THE EQUITY

SHAREHOLDERS AND CREDITORS OF THE APPLICANT

 "  'COMPANY FOR APPROVING THE SCHEME OF AMALGAMATION

AND ETC.

K-.;"'

J-



This application coming on for orders this day, thecourt
made the following;  0

ORDER

In this application, the applicant/t._rans£feror” has 0

prayed for dispensation of meeting of share_ holdersand, credjitors.’

2. Learned Counsel foyr..thevap’plicant ‘company has filed

a memo dated 30.7.20l0l of the list of

shareholders of”thei_’-applicant.:…company.ycertified by a Chartered

Accountant.eeistjating;thatiethe applicant company has 3 equity
shareholders, and “theyii’}1aye_given no objection to the proposed

Scheme of Amalgamation as per Annexure-«I. it is submitted that

the” ap;pil’icantt_. company has one secured creditor as per the

by the Chartered Accountant at AnneXure–K

and theyahaye given no objection to the Scheme as per Annexure-

C” The applicant company has 156 unsecured creditors as per the

list at AnneXure–M out of Which 100 unsecured creditors

constituting majority in number and more than 96% in value of

cs.

Q3′-‘N

the unsecured creditors of the Applicant company have given no

objection to the Scheme as per Anr1exure–N series.

3. In View of this material on rec:ord’,”tr”1’e.:ap.p1ir:a’tiV0I1r.is”

hereby allowed. The applicant c0mp”any?_’pis”

dispense with the holding r)£:’–v.:rr'”1″eieting.§s ‘..Qf andhi

creditors. Applicant conipariy trjhnfile’ Vxéompanyv petition Within

15 days.

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