Calcutta High Court
Kimberley Steel And Equipment Services ... vs Unknown on 17 May, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
Company Application No. 333 of 2016 In the High Court at Calcutta Original Jurisdiction In the matter of:
Kimberley Steel and Equipment Services Pvt. Ltd. & Ors.
And In the matter of:
Namtech Dealer Private Limited & Ors Before:
The Hon'ble Justice BISWANATH SOMADDER Date: 17th May, 2016 Ms. Manju Bhuteria, Advocate ...........for the Applicants THE COURT : The meeting of the equity shareholders of Namtech Dealer Private Limited, being the applicant no. 1 herein shall be convened and held at Rotary Sadan, Room No.202, 94/2, Chowringhee Road, Kolkata - 700020 on 8th day of July, 2016 at 2p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of amalgamation.
The meeting of the equity shareholders of Novel Merchant Private Limited, being the applicant no. 2 herein shall be convened and held at Rotary Sadan, Room No.202, 94/2, Chowringhee Road, Kolkata - 700020 on 8th day of July, 2016 at 2.45p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of amalgamation.
The meeting of the equity shareholders of Punsuni Agents Private Limited, being the applicant no. 3 herein shall be convened and held at 2 Rotary Sadan, Room No.202, 94/2, Chowringhee Road, Kolkata - 700020 on 8th day of July, 2016 at 3.30p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of amalgamation.
The meeting of the equity shareholders of Affulent Trading Private Limited, being the applicant no. 4 herein shall be convened and held at Rotary Sadan, Room No.202, 94/2, Chowringhee Road, Kolkata - 700020 on 8th day of July, 2016 at 4.15p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of amalgamation.
At least 21 (twenty one) clear days before the date of the said meetings an advertisement convening the same and stating that copy of the said scheme of amalgamation 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 each of the applicants or at the office of their Advocates B.D. Associates, 6, Old Post Office Street, Top 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.
In addition, at least 21 (twenty one) clear days before the meetings to be held as aforesaid, a notice convening the said meetings 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 applicants at their respective or last known addresses.
The Advocate-on-Record for the applicants do within 10th June 2016, after obtaining a copy of this order, file in Court, the form of the 3 notice and the statement to accompany the notice and the same shall be settled by the Assistant Registrar (Company) of this Court.
Anwari Qureshi, Advocate, failing which, Sumouli Sarkar, Advocate, C/o. Subir Sanyal, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of the applicant no. 1 to be held as aforesaid at a remuneration of 2500 GM.
Pramod Kumar Drolia, Advocate, Bar Library Club, failing which, Saibal Acharyya, Advocate, Bar Association Room No.15, shall be the Chairperson for the said meeting of the equity shareholders of the applicant no. 2 to be held as aforesaid at a remuneration of 2500 GM.
Sumouli Sarkar, Advocate, C/o. Subir Sanyal, Advocate, failing which, Anwari Qureshi, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of the applicant no. 3 to be held as aforesaid at a remuneration of 2500 GM.
Saibal Acharyya, Advocate, Bar Association Room No.15, failing which, Pramod Kumar Drolia, Advocate, Bar Library Club, shall be the Chairperson for the said meeting of the equity shareholders of the applicant no. 4 to be held as aforesaid at a remuneration of 2500 GM.
The Chairpersons appointed for the said meetings or any person authorised by them do issue and send out the notice of the said meetings referred to above.
The quorum for the meetings of the equity shareholders of each of the applicants shall be fixed at 2 (two) persons present either in person or in proxy.4
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 meetings, are filed with the applicants at their respective registered office not later than forty eight hours before the meetings. 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 applicants and where entries in the books are disputed, the respective Chairperson shall determine the value for the purpose of the meeting.
The Chairpersons do report to this Court the result of the said meetings within three weeks from the date of the conclusion of the meetings and his/her report shall be verified by an affidavit.
Summons be signed as of date. C.A. No. 333 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