Karnataka High Court
Jupiter Aviation Services Private ... vs Nil on 28 October, 2011
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE HIGH COURT OF KARNATAKA AT GALORE 7 DATED THI THE 28 DAY OF octonme 201 cai BEFORE. Tee HON'SLE JUBTICE ARAVIND KUMAR . CA Bo. 131 p2ou1 Jupiter Fr : dor Centre," No.4, Richraond Hood, . Bang lore ~ 560 025. a me - ; ,.. Applicant (By Sri Saji Pe John, SR Legal Adv} oa -
AN i - ae .. Begparceri.
Beek ohh "This CA filed ten SOL to G94 rf/w | Section 7. '8, 100 te 103 of t the se Commpantien Act, 1956 rj Ww me "Rules 8 & o of the Companies Court Rules, 1932 ee at _the Equity ere of the applicant company s held ori such me ag thie Hon'ble Court may deem fit and EEL be © appointed for the ometing, areal pase Te wl jard to meus of notice, aE SUT CAF HA ~<-- Metaoe aula of Arte
- development are x = Companies Act, 1956 to dispense with convening. oF holders arid imeee ured trade f-comiparty ;
was incorporated under the syle" "RC Aviation India. Private Lewited" im dec to "Jupiter the Stete of Keriatakca and later Aviation, Pvt. Ld, "wa, af 18.8.3 2004 and there charged rae "Supiter ame a f imeorporation encle and Association as cer 3 my AL it is stated that apphceart-compecy é in business of aviation infrastructure atered ofice of applicant-company a. situated at ine address mentioned in cause-title 3 se, Cegitel, eewe), Gubecribed arei Peid- Up Capital of applicant-compary is as mentioned in eo e and 3 which are proposed to be a paragraph ¢ of presert application. Latest audited i uirigerneart cavtied, = sive' nhoet of > applicant-company made up to 31 3. 20% I< disoloni ure BH? to sevets arxl hebiltes a produced an per / vere present application. Board of Directs OF app icarit. ay have. ap ee). 'aind "adopted ech ut i it board: seeing held on 13.09.2011 hich sritine assets arel leabiktie: of port Project Auiertaken by applicant « Compe Tiy herein j ite. proposed to to be de-merged inte Indian "hero: 'ifsastracture te Limited (Appleant in Cj AKo.1 O19) 2011) and applicant-comp BP proposed to be de merged with transferor compearies 2 # company No2 ie, with Ack Aerospace end Teak alogies Private Limited [Tranafires Company CANO LOS0/ S011), Tt is steoed thet in eapolicant o 4.
applicant -- compa:
w hae produced certificates t teauted by oe ee ag ner erters accmurteant ;
maures FP and ©. Conent letiers, given by pha etitlowed to au nditors certificate. ES sent application.
4. Statutory auditor has alse issue ed { certificate as per re ls only ive P dated 23.9.2013 stating thet th ore unsecured Mean oteditor oad consent letter giv umecured ben otedibse ie alee aoper e certificate whic ¢ eviderives the fact that unsecured lean 3 creditny favs waived aie. "Fight [Oo PeCnive cueeting motice 3 _. and ales given ite consent for scheme of arrangeme Ss. - Apoiicant - ~ compary has produced Het of trade creditors along with a meme dated 17.10.2011 which ere are [Ame uneecured trade eredfers = _. Pefieots: that u Boeri ree °. the came ip iia Stated in the application thet macler as unsesured 'el proposed echeme: of Gnditere are conc ts ae " _ q Goon grass aah 4 bg &pPGCaN COMmpeny am. om the other bere, i oould 4 a Loe EE benefit shareholdere ami creditore of transleror mvening of n ee ting of. esuity, 'sins ce ungecured trade creditors of hoklers RAR $9 .
AF 4 applicant company & To Be roby diss with subject &...
. com ny 'Bling 6 anidited balance | P applioane compenty made up to . O11 along, wit company petition. is) ayplicartt-compazy ahell weue not
- aeiest a ater Glee ow petition, viz, Within two Weekes t . et 4. oe a Eee 2 re Pees 4 a ss meme date LP IB 2071 a Ori