Gujarat High Court
Echjay Industries Private Limited vs Respondent(S) on 30 November, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
O/COMA/368/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY APPLICATION NO. 368 of 2015
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ECHJAY INDUSTRIES PRIVATE LIMITED....Applicant(s)
Versus
......Respondent(s)
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Appearance:
MRS. SANGEETA N PAHWA, ADVOCATE FOR THAKKAR AND PAHWA,
ADVOCATES, ADVOCATE for the Applicant(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 30/11/2015
ORAL ORDER
1 The present Judges Summons has been taken out by the applicantEchjay Industries Private Limited (the Transferee Company), for appropriate orders for dispensing with the meeting of the the Equity Shareholders of the applicantcompany on the ground that all the Equity Shareholders of the applicant company have given their consent in writing, in approval of the scheme of Amalgamation of Echjay Overseas Trade private Limited, Hari Mahavin Investment Private Limited, Samarath Doshi Investment Company Private Limited, Vinodchandra Doshi Investment Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Dec 02 01:19:58 IST 2015 O/COMA/368/2015 ORDER Company Private Limited and V.H.Doshi & Sons Investment Company private Limited, with Echjay Industries Private Limited and their respective Shareholders and Creditors.
2 Mrs. Sangeeta Pahwa, learned advocate for the applicant, has submitted that there are only ten Equity shareholders of the applicantcompany and all these ten Equity Shareholders have given their consent in writing. The copies of the consent letters are produced at Pgs. 117 to 131 of the compilation. The attention of the Court is invited to a Certificate dated 18.11.2015, given by M/s. H.P.Kumbhani & Co., Chartered Accountants certifying that all the Shareholders of the applicant company have given their consent in writing, in approval of the Scheme and for waiving the right to call the meeting of the Equity Shareholders. It is further submitted that this being the Transfereecompany, a meeting of the creditors is not required to be held. It is, therefore, requested to pass an appropriate order to dispense with the meeting of Equity Shareholders.
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O/COMA/368/2015 ORDER
3 Having heard Mrs. Sangeeta Pahwa, learned
Advocate for the applicant and considering the fact that all the Equity Shareholders of the applicant company have given their consent in writing, as required u/s 391(2) of the Companies Act, 1956, to the proposed scheme of Amalgamation, the meeting of the Equity Shareholders of the applicant company is ordered to be dispensed with. It is further ordered that this being the Transfereecompany, the meeting of the creditors is not required to be held. 4 In view of the above, the application stands disposed of.
(SMT. ABHILASHA KUMARI, J.) Bimal Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Dec 02 01:19:58 IST 2015