Calcutta High Court
CA-862-2016 on 12 December, 2016
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
CA No.862 of 2016
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
VASUNDHARA HOLDINGS LIMITED & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 12th December, 2016.
Appearance:
Ms. Manju Bhuteria, Adv.
The Court : The meeting of the equity shareholders of Vasundhara Holdings Limited, being the applicant no.1 herein is dispensed with in view of the written consent given by all the shareholders of the applicant no.1 which have been annexed in original to the affidavit in support of the summons.
The meeting of the equity shareholders of Lodna Colliery Company (1920) Limited, being the applicant no.2 herein shall be convened and held at the registered office of the applicant no.2 being 6, Lyons Range, Kolkata-700 001 on Friday, the 20th day of January, 2017 at 4 p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme.
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 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.2 or at the office of its Advocate Mr. Sachchida Nath Pandey, Hasing 2 Chambers, Ground Floor, 7C, Kiran Shankar Roy Road, 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 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.2 at their respective or last known addresses.
The Advocate-on-Record for the applicants do within 7 days (after obtaining a website 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.
Miss Pritha Bhaumik, Advocate of Bar Library Club, failing which Miss Saswati Ghosh Sinha, Advocate of Bar Association Room No.17, shall be the Chairperson for the said meeting of the equity shareholders of the applicant no. 2 to be held as aforesaid, at a remuneration of 2000 Gms.
The Chairperson appointed for the said meeting or any person authorized by him do issue and send out the notice of the said meetings referred to above.
The quorum for the meeting of the equity shareholders of the applicant no.2 shall be fixed at 5 (five) persons present either in person or in proxy.
The 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, is filed with the applicant no.2 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. 3
The value of each member shall be in accordance with the books of the applicant no.2 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. 862 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.
(SOUMEN SEN, J.) B.Pal