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COMA/494/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 494 of 2011
=========================================================
TAKSHASHILA
APARTMENTS PRIVATE LIMITED - Applicant(s)
Versus
.
- Respondent(s)
=========================================================
Appearance
:
MR
AMAR N BHATT for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/10/2011
ORAL
ORDER
Upon
the application of the above named company by summons dated
17/10/2011, filed under Section 391 to 394 of the Companies act,
1956, upon hearing Mr. Amar Bhatt, learned Advocate for the applicant
company and upon reading the affidavit dated 14.10.2011 filed in
support of the Judge’s Summons for directions and other relevant
annexure attached in support of contents of the affidavit filed by
the deponent (Annexure C being copy of Scheme of Amalgamation) and
considering the submissions;
(i) the
applicant in the above referred Company Application viz. Takshashila
Apartment Private Limited is the Transferor Company which proposes to
enter into an arrangement in the nature of amalgamation with
Takshashila Townships Private Limited.
(ii) it
has been pointed out that all the equity shareholders as well as the
unsecured creditors of the applicant company have given their consent
in writing approving the Scheme of Amalgamation. The said consents
are annexed as Annexure D and Annexure E respectively to the
application. It has been pointed out that there are no secured
creditors of the company as on date. The certificates confirming the
status of shareholders and creditors from Chartered Accountant are
annexed as Annexure-F to the application.
It
is hereby ordered that, the meetings of the equity shareholders and
the unsecured creditors 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 stands disposed of accordingly.
(K.M.THAKER,
J.)
jani
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