Calcutta High Court
Britannia Industries Limited vs Unknown on 26 April, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
Company Application No. 252 of 2016
In the High Court at Calcutta
Original Jurisdiction
In the matter of:
Britannia Industries Limited
Before:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date: 26th April, 2016 Appearance:
Ms. Manju Bhuteria, Advocate ...........for the Applicant The Court: The meeting of the equity shareholders of Britannia Industries Limited, being the applicant herein shall be convened and held at Vidya Mandir, 1, Moira Street, Kolkata -700017, on Saturday, the 4th day of June, 2016 at 11a.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of arrangement between the applicant and Daily Bread Gourmet Foods (India) Private Limited.
At least 21 (twenty one) clear days before the date of the said meeting an advertisement convening the same and stating that copy of the said scheme of arrangement and of the statement required to be furnished pursuant to Section 393 of the Companies Act 1956 and a form of proxy can be obtained free of charge at the registered office of the applicant or at the office of its Advocate Mr. Pradeep Kumar Jewrajka, 12, Old Post Office Street, 2nd Floor, Kolkata 700 001 be inserted once each in "Pratidin" Bengali newspaper and in "Business Standard" English newspaper. The publication in the Calcutta Gazette is dispensed with.2
In addition, at least 21 (twenty one) clear days before the meeting to be held as aforesaid, a notice convening the said meeting at the place and time as aforesaid together with a copy of the said scheme, a copy of the statement required to be sent under Section 393 of the Companies Act, 1956 and the prescribed form of proxy be sent by registered post or by personal service or by courier addressed to each of the equity shareholders in the applicant at their respective or last known addresses. The notice shall be sent by email to all the shareholders, who have provided their email id and consented to receiving documents by emails from the applicant.
The Advocate-on-Record for the applicant do within 7 days (after obtaining a website copy of this order) file in Court the form of the notice and the statement to accompany the notice and the same shall be settled by the Assistant Registrar (Company) of this Court.
Monika Kalra, Advocate, (M. No.9831015398) failing which Ruma Sikdar, Advocate, Bar Library Club, shall be the Chairperson for the said meeting of the equity shareholders of the applicant to be held as aforesaid at a remuneration of 3000 GM.
The Chairperson appointed for the said meeting or any person authorised by him do issue and send out the notice of the said meeting referred to above.
The quorum for the meeting of the equity shareholders of the applicant shall be fixed at 30 (thirty) persons present either in person or in proxy.
The voting by proxy be permitted, provided that a proxy in the prescribed form duly signed by the person(s) entitled to attend and vote at the meeting, is filed with the applicant at its registered office not later than forty 3 eight hours before the meeting. The Chairperson shall have the power to adjourn the meeting, if necessary.
The value of each member shall be in accordance with the books of the applicant and where entries in the books are disputed, the Chairperson shall determine the value for the purpose of the meeting.
The Chairperson do report to this Court the result of the said meeting within three weeks from the date of the conclusion of the meeting and his/her report shall be verified by an affidavit.
Summons be signed as of date. C.A. No. 252 of 2016 is disposed of without any order as to costs.
Urgent photostat certified copy of this order, if applied for, be issued to the parties subject to compliance with all requisite formalities.
(BISWANATH SOMADDER, J.) b.pal/sp.