Calcutta High Court
Solex Chemicals Private Limited vs Unknown on 8 December, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-52
C.A. No. 694 of 2015
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF:
Solex Chemicals Private Limited
BEFORE:
The Hon'ble Justice Sanjib Banerjee
Date: December 8, 2015.
Appearance
Ms. Manju Bhuteria, Adv.
The Court:
1.A meeting of the Equity Shareholders of Solex Chemicals Private Limited, being the applicant herein, shall be convened and held at "Nicco House", 3rd floor, 2, Hare Street, Kolkata-700 001 on Friday, January 29, 2016 at 4.45 pm for the purpose of considering and, if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Aura Chem Private Limited with Solex Chemicals Private Limited.
2. At least 21 (twenty one) clear days before the date of the said meeting, advertisements convening the same and stating that copies of the said 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 2 Advocate-on-Record, Choudhury's Law Offices, "Nicco House", 3rd floor, 2, Hare Street, Kolkata-700 001 be published once in English newspaper "The Business Standard" and once in Bengali newspaper "Pratidin" in Kolkata. The publication in Calcutta Gazette is dispensed with.
3. 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 courier or by personal service addressed to each of the Equity Shareholders in the applicant company at their respective last known addresses.
4. Advocate-on-Record for the applicant do within seven days (after obtaining an authenticated copy of this order) file in Court, the form of the advertisements, 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.
5. Mr. Priyankar Saha, Advocate shall be the Chairperson for the said meeting of the applicant to be held as aforesaid at a remuneration of 1500 GM.
6. The Chairperson appointed for the said meeting or any person authorised by him do issue and send out the notices of the said meeting referred to above. 3
7. The quorum for the said meeting of the Equity Shareholders of the applicant be fixed at 2 (two) persons present either in person or by proxy.
8. Voting by proxy will be permitted, provided that a proxy in the prescribed form duly signed by the person(s) entitled to attend and vote at the meeting, is filed with the applicant company at its registered office not later than 48 hours before the meeting. The Chairperson shall have the power to adjourn the meeting, if necessary.
9. The value of the vote 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 of the vote for the purpose of the meeting.
10. The Chairperson do report to this Court the result of the said meeting within six weeks from the date of the conclusion of the meeting and the report shall be verified by affidavit.
11. The summons be signed as of date. C.A. No. 694 of 2015 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the party subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) sg.