Calcutta High Court
Shree Sanyeeji Steel And Power Limited vs Unknown on 13 June, 2013
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
CA No.256 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
SHREE SANYEEJI STEEL AND POWER LIMITED
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 13th June, 2013.
Appearance:
Mr. M.S. Tewari, Adv.
The Court : The company prays for a sanction of the scheme under Section 391 of
the Companies Act for payment of the dues to its creditors. Although the scheme, prima
facie, proposes to have been restricted to the unsecured creditors but it also suggests
some modalities for payment of the dues of the secured creditors as well.
The company is directed to hold a meeting of its creditors, both secured and
unsecured, which shall be convened and held at 21, Hemant Basu Sarani, Kolkata -
700 001, at 10.30 a.m on 10th July, 2013 for the purpose of considering and, if thought
fit, approving with or without modification, a Scheme of Arrangement between the
Applicant Company and the creditors.
That at least 21 days before the day appointed for 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 of Arrangements as also a copy of the statement
required to be sent under Section 393 of the Companies Act, 1956 and the prescribed
form of proxy be served by Speed Post or by Courier or by hand through personal
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messenger addressed to each of the Creditors of the Applicant Company at its last
known address.
That at least twenty one clear days before the date of the meeting to be held as
aforesaid an advertisement convening the said meeting and stating that the copy of the
said scheme together with the copy of the statement required to be sent under Section
393 of the Companies Act, 1956 and the prescribed form of proxy can be obtained free of
charge at the registered office of the Applicant Company or at the office of its Advocates
M/s. L.P. Tiwari & Co., 1B, Old Post Office Street, Calcutta - 700 001 be inserted once in
the "The Telegraph" and once in the "Bartaman". The publication in the Calcutta
Gazette is dispensed with.
The Advocate-on-Record for the Applicant Company do within seven days (after
obtaining an authenticated copy of this order) file in Court the form of advertisement, the
form of the notices and the statement to accompany the notice and the same shall be
settled by the Assistant Registrar (Company) of this Court.
Mr. Jishnu Chowdhury, Advocate shall be the Chairman of the meeting of the
Creditors of Shree Sanyeeji Steel and Power Limited to be held at aforesaid at a
remuneration of 2000 GMs.
That the Chairman or any person(s) authorized by him do issue the advertisement
and send out the notice of the meeting referred of above.
The quorum for the meeting of the Creditors of the Shree Sanyeeji Steel and Power
Limited be fixed at 5 (five) persons present either in person or by proxy.
That voting by proxy be permitted, provided that a proxy in the prescribed form
only signed by the person(s) entitled to attend and to vote at the meeting, is filed with
applicant company at its registered office not later than forty-eight hours before the said
meeting. The chairman shall have the power to adjourn the meeting, if necessary.
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That the value of each member shall be in accordance with the books of Applicant
Company and where entries in books are disputed, the Chairman shall determine such
value for the purposes of the meeting.
That the Chairman do report to this Court, the result of the said meeting within
seven weeks from the date of the conclusion of the meeting and his report shall be
verified by his affidavit.
Summons be signed as of date. CA No.256 of 2013 is accordingly disposed of
without any order as to costs.
Let this matter appear after two weeks.
Urgent certified photocopies of this order, if applied for, be given to the parties
subject to compliance with all requisite formalities.
.
(HARISH TANDON, J.) B.Pal A.R.(C.R.)