Gujarat High Court
Comed vs Respondent(S) on 8 September, 2010
Author: K.A.Puj
Bench: K.A.Puj
Gujarat High Court Case Information System
Print
COMA/261/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 261 of 2010
=================================================
COMED
PHARMACEUTICALS LTD - Applicant(s)
Versus
.
- Respondent(s)
=================================================
Appearance :
MRS
SANGEETA N PAHWA for the
Applicant.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 08/09/2010
ORAL
ORDER
The applicant Comed Pharmaceuticals Ltd. is the Transferor Company in the Scheme of Amalgamation of Comed Pharmaceuticals Ltd. with Comed Chemicals Ltd. The applicant has filed the present application seeking dispensation of the meetings of shareholders, secured creditors and unsecured creditors on the ground that consents of all the shareholders, secured creditors and unsecured creditors have been obtained.
2. Mr. Navin K.Pahwa, the learned advocate appearing for the applicant submits that the consent of all the Equity Shareholders alongwith the list are produced at page nos. 80 to 299. The consents of all the secured creditors alongwith the list are produced at page nos. 300 to
303. The consents of the unsecured creditors alongwith the list are produced at page Nos. 304 to 363. The applicant has also produced a certificate dated 3.9.2010 given by Jain Chowdhary and Company, Chartered Accountants which is produced at page No. 364 certifying that all the equity shareholders, the secured creditors and unsecured creditors have given their consents to the scheme of amalgamation. The applicant therefore, prays for dispensation of the meetings of the equity shareholders, secured creditors and unsecured creditors.
3. In view of the fact that all the equity shareholders, secured creditors and unsecured creditors of the applicant company have given their consents in writing approving the scheme of amalgamation, the meetings of the equity shareholders, secured creditors and unsecured creditors of the applicant company are ordered to be dispensed with. It is further clarified that consent letters of unsecured creditors produced by the applicant company are of November/December, 2009. In this view of the matter, the applicant company is hereby directed to intimate to all these unsecured creditors at the time when substantial petition is filed before this Court and notice is issued. The applicant company shall intimate to every unsecured creditor by writing separate letters about fixation of hearing of the company petition seeking amalgamation with transferee company.
4. The present application is accordingly disposed of.
(K.A.PUJ,J) ***vcdarji Top