Gujarat High Court
Nirma Limited vs Unknown on 16 July, 2012
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY APPLICATION NO. 220 OF 1996 Nirma Limited.... Applicant. CORAM : A.R. DAVE, J. 25th September, 1996 ORDER :
Upon the application of the abovenamed Company by the summons dated 24th September, 1996 upon hearing Mrs Swati Soparkar, learned Advocate for the Company and upon reading the affidavit of Mr Hasit Shukla filed on 24th September, 1996, and the Exhibits therein referred to (Exhibit C being a copy of the proposed Compromise or Arrangement).
IT IS ORDERED;
That a meeting of the shareholders of the Company shall be convened and held at the Dinesh Hall, behind Income Tax Officer, Near Gandhi Bridge, Ahmedabad-380 009, on Monday, the 28th day of October, 1996 at 11.30 A.M. for the purpose of considering and if thought fit, approving, with or without modifications, the compromise or arrangement in the nature of amalgamation of Nirma Detergents Limited, Nirma Soaps & Detergents Limited and Shiva Soaps & Detergents Limited with Nirma Limited i.e. the Applicant Company.
That at least 21 clear days before the day appointed for the meeting, an advertisement convening the same and stating that copies of the said compromise or arrangement and of the statement required to be furnished pursuant to Section 393 and forms of proxy can be obtained free of charge at the registered office of the Company at Ahmedabad or at the office of the Advocate for the Company, be inserted once in Gujarati dailies "Gujarat Samachar" Ahmedabad Edition and "Sandesh" Ahmedabad Edition and the English daily "Indian Express" Ahmedabad Edition and the notice to be inserted in the Government Gazette is dispensed with.
That, in addition, at least 21 days before the meeting to be held as aforesaid, a notice convening said meeting at the place and time aforesaid, together with a copy of the compromise or arrangement, a copy of the statement required to be sent under Section 393 and the prescribed form of proxy, shall be sent by pre-paid letter post under certificate of posting addressed to each member at his respective registered or last known address.
That the learned Advocate for the Company abovenamed do, within three days from this date file in Court the form of the advertisement, the notice and the statement to accompany the notice, and the same shall be settled with the Registrar of this Court.
That Mr K.K. Patel, Chairman of the Company and failing him Mr K.A. Patel, Executive Director of the Company shall be the Chairman of the meeting to be held on 28th October, 1996 as aforesaid.
The Chairman appointed for the meeting do issue the advertisement and send out the notices of the meeting referred to above.
That the quorum for the said meeting shall be ten members present in person or through proxies.
That voting by proxy be permitted, provided that a proxy in the prescribed form duly signed by the person entitled to attend and vote at the meeting, is filed with the Company at its registered office at Ahmedabad not later than 48 hours before the meeting.
That the value of each member shall be in accordance with the books of the Company, and, where the entries in the books are disputed, the Chairman shall determine the value for the purpose of the meeting.
And it is further ordered that the Chairman do report to this Court the result of the said meeting within 14 days of the conclusion of the meeting and the said report shall be verified by his affidavit. The application stands disposed of in view of the above referred directions.
25th September, 1996(A.R. Dave, J.)