Calcutta High Court
Karam Chand Thapar & Bros (Coal Sales) ... vs Unknown on 17 May, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
Company Application No. 334 of 2016 In the High Court at Calcutta Original Jurisdiction In the matter of:
Karam Chand Thapar & Bros (Coal Sales) 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 KCT Renewable Energy Private Limited, being the applicant no. 2 herein, is dispensed with in view of the written consent given by all equity shareholders of the applicant no. 2 which has been annexed in original to the affidavit in support of the summons and the supplementary affidavit.
The meeting of the equity shareholders of Thapar Infra Construction India Limited, being the applicant no. 3 herein, is dispensed with in view of the written consent given by all equity shareholders of the applicant no. 3 which has been annexed in original to the affidavit in support of the summons and the supplementary affidavit.
The meeting of the equity shareholders of Indicon Westfalia Limited, being the applicant no. 4 herein, is dispensed with in view of the written consent given by all equity shareholders of the applicant no. 4 which has been annexed in original to the affidavit in support of the summons and the supplementary affidavit.
The meeting of the equity shareholders of Karam Chand Thapar & Bros (Coal Sales) Limited, being the applicant no. 1 herein shall be convened and held at its registered office at Thapar House, 25 Brabourne Road, Kolkata -700001 on 8th 2 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 arrangement.
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 no. 1 or at the office of its Advocate Mr. S.K. Bajoria, 6 Old Post Office Street, Ground Floor (Room No. 38/1), 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 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 no. 1 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 notice and the statement to accompany the notice and the same shall be settled by the Assistant Registrar (Company) of this Court.
Mr. Biswabrata Basu Mallick, Advocate, Bar Association Room No.15, failing which, Mr. Ratul Biswas, Advocate, (M. No.9874168762), 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.
The Chairperson appointed for the said meeting or any person authorised by him/her 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 no. 1 shall be fixed at 5 (five) persons present either in person or in proxy.
3The 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, are filed with the applicant no. 1 at its registered office not later than forty 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 no. 1 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. 334 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.) sp/b.pal.