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COMP/39/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 39 of 2010
In
COMPANY
APPLICATION No. 486 of 2009
=========================================
SAMRAT
NAMKEEN PVT LTD - Petitioner(s)
Versus
SAMRAT
DISTRIBUTORS PVT. LTD. - Respondent(s)
=========================================
Appearance :
MRS
SANGEETA N PAHWA for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/03/2010
ORAL
ORDER
1. The
present Company Petition is filed by the petitioner-Samrat Namkeen
Pvt. Ltd. (transferee Company) seeking sanction of the scheme of
amalgamation of Samrat Distributors Pvt. Ltd. (transferor Company)
with Samrat Namkeen Pvt. Ltd. (transferee Company).
2. Heard
Shri Navin Pahwa, learned advocate appearing on behalf of the
petitioner (transferee Company). It is submitted that the petitioner
(transferee Company) had earlier filed Company Application No.
486/2009 seeking direction to convene the meeting of the shareholders
and this Court vide order dated 14/12/2009 directed convening of the
meeting of the shareholders of the petitioner (transferee Company)
dated 18/01/2010. It is submitted that the petitioner, being a
transferee Company, meeting of the creditors was ordered not to be
held.
3. It
is further submitted that in compliance of the aforesaid order passed
by this Court dated 14/12/2009 in Company Application No. 486/2009
after due advertisement as ordered by this Court, meeting of the
shareholders of the petitioner (transferee Company) was held on
18/01/2010 under the Chairmanship of one Shri Jayshankar Vaid
appointed by this Court. It is submitted that perusal of the
Chairman’s report suggests that all the shareholders present in the
meeting have approved and agreed to the proposed scheme of
amalgamation. Shri Navin Pahwa, learned advocate appearing on behalf
of the petitioner (transferee Company) has relied upon the Chairman’s
report of the meeting of the shareholders, as held and convened
pursuant to the order passed by this Court on 14/12/2009, which is
produced alongwith the affidavit in support of the Chairman’s Report
at Anneuxre E collectively. Necessary averments to the aforesaid
effect have also been made in paragraph nos. 9 and 10 to the petition
and, therefore, it is requested to accord sanction to the proposed
scheme of amalgamation of Samrat Distributors Pvt. Ltd (transferor
Company) with Samrat Namkeen Pvt. Ltd. (transferee Company)
4. Hence,
ADMIT.
5. NOTICE
to the Central Government through the Regional Director, Department
of Corporate Affairs, Everest, Marine Drive, Mumbai 400 002.
6. Final
hearing of the petition is fixed on 10/05/2010.
7. Notice
of hearing of the petition to be published in the Indian Express
(English Daily) and Lok-Satta-Jan Satta (Gujarati Daily) both
Ahmedabad Editions. Publication of notice in Government Gazette is
dispensed with.
(M.R.
SHAH, J.)
siji
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