Calcutta High Court
Mcd Nitrile India Private Limited & Ors vs Unknown on 19 May, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
Company Application No. 340 of 2016 In the High Court at Calcutta Original Jurisdiction In the matter of:
MCD Nitrile India Private Limited & Ors ..... Applicant Before:
The Hon'ble Justice BISWANATH SOMADDER Date: May 19, 2016 Ms. Manju Bhuteria, Advocate ...........for the Applicants THE COURT : The meeting of the equity shareholders of MCD Nitrile India Private Limited, being the applicant herein shall be convened and held at 10, Kiran Shankar Roy Road, 2nd Floor, Room No. 34/35, Kolkata 700001 on 8th day of July, 2016 at 4 p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed scheme of amalgamation of the applicant with Tranter India Private Limited.
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 2 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 the applicant or at the office of their Advocates Shukla & Company, 10, Kiran Shankar Roy Road, 2nd Floor, Room No. 34/35, Kolkata 700001 be inserted once each in "Aajkal" 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 at their respective or last known addresses.
The Advocate-on-Record for the applicant do within 12th June 2016 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. Anjan Bhattacharya, Advocate, , 7, Old Post Office Street, Room No. 7(Ground Floor), Kolkata- 700001, failing which, Mr. Tarun Kumar Das, Advocate, Bar Association Room No. 15, shall be the Chairperson for the said meeting of the equity shareholders of the applicant to be held as aforesaid at a remuneration of 2000 GM.
The Chairperson appointed for the said meeting or any person authorized 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 shall be fixed at 2 (two) persons present either in person or in proxy.3
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 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 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. 340 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.) S.cHANDRA