Calcutta High Court
Maryada Vyapaar Pvt. Ltd. & Ors vs Unknown on 18 December, 2008
Author: Maharaj Sinha
Bench: Maharaj Sinha
Order Sheet
CA No. 702 of 2008
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
IN THE MATTER OF:
MARYADA VYAPAAR PVT. LTD. & ORS.
Appearance:
Ms. Sanjukta Mukherjee, Advocate
BEFORE:
The Hon'ble JUSTICE MAHARAJ SINHA
Date: 18 December 2008.
After hearing the learned advocate for the applicants, the following order is made.
A meeting of the holders of the Equity Shares in Maryada Vyapaar Private Limited shall be convened and held at 7C, Kiran Shankar Roy Road, Ground floor, Kolkata - 700 001 on 6 February 2009 at 1.00 P.M. for the purpose of considering, and if thought fit, approving, with or without modifications, the Scheme of Amalgamation of Maryada Vyapaar Private Limited (hereinafter referred to as "Maryada"), Pinacle Traders Private Limited (hereinafter referred to as "Pinacle") with Shelja traders Private Limited (hereinafter referred to as "Shelja").
A meeting of the holders of the Equity Shares in "Pinacle" shall be convened and held at 7C, Kiran Shankar Roy Road, Ground floor, Kolkata- 700 001 on 6 of February 2009 at 1.15 P.M. for the purpose of considering, and if thought fit, approving, with or without modifications, the said Scheme.
2
A meeting of the holders of the Equity Shares in "Shelja" shall be convened and held at 7C, Kiran Shankar Roy Road, Ground floor, Kolkata- 700 001 on 6 of February 2009 at 1.30 P.M. for the purpose of considering, and if thought fit, approving, with or without modifications, the said Scheme.
At least 21 clear days before the meetings to be held as aforesaid, a Notice convening the said meetings 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 served under certificate of posting or personally by hand upon each of the holders of the Equity Shares in the Applicant Companies at their respective or last known addresses.
At least twenty one clear days before the date of the meetings to be held as aforesaid an advertisement convening the said meetings and stating that the copies 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 Offices of the Applicant Companies Nos. 1 to 3 or at the office of their Advocate, M/s. Mukherjee Agarwalla & Co., 7C, Kiran Shankar Roy Road, Ground Floor, Kolkata- 700 001 be inserted once in "The Statesman" and once in "Dainik Statesman" in Kolkata. The publication in the Calcutta Gazette is dispensed with.
The Advocates on Record for the applicant Companies shall within seven days file in Court the form of advertisement, the form of the 3 notice and the statement to accompany the notice and the same shall be settled by the Assistant Registrar (Company) of this Court.
Mr.Ashok Gupta learned advocate, Bar Library Club, 1st Floor,, and failing him, Mr. Somen Bose learned advocate, Bar Association No.2 shall be the Chairperson of the said meetings of the Equity Shareholders of "Maryada" at a remuneration of 600 Gms.
Mr. Anil Kumar Gupta, learned advocate, Bar Library Club, 2nd floor, and failing him, Mr. Ashok Gupta, learned advocate, Bar Library Club, 1st Floor shall be the Chairperson of the said meetings of the Equity Shareholders of "Pinacle" at a remuneration of 600 Gms.
Mr. Somen Bose, learned advocate, Bar Association No.2, and failing him, Mr. Raja Ghosh, learned advocate, 8, Old Post Office Street, Calcutta - 700 001 shall be the Chairperson of the said meetings of the Equity Shareholders of "Shelja" at a remuneration of 600 Gms.
Any of the Chairpersons appointed for the said meetings or any person authorised by them shall send out the notices of the meetings referred to above.
the quorum of meetings of Equity Shareholders of "Maryada", "Pinacle" and "Shelja" shall be two persons present in person or by proxy.
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 respective meetings is filed with the respective companies at 4 their registered offices not later than forty-eight hours before the meetings concerned. The Chairpersons shall have the power to adjourn their respective meetings, if necessary.
The value of each member shall be in accordance with the books of the respective company and where entries in the books are disputed, the Chairpersons shall determine the value for the purpose of their respective meetings.
The Chairpersons shall report to this Court the results of the said meetings within seven weeks from the date of the conclusion of their respective meetings, and their reports shall be verified by their affidavits.
The Chairpersons and all concerned are to act on a xeroxed signed copy of this order to be supplied to the parties on the usual undertakings.
(Maharaj Sinha, J.) S.Kumar