Calcutta High Court
Mita Holdings Private Limited & vs Unknown on 9 April, 2015
Author: Biswanath Somadder
Bench: Biswanath Somadder
C. A. No. 216 of 2015 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction Original Side In The Matter Of:
Mita Holdings Private Limited & Ors.
BEFORE:
The Hon'ble Justice Biswanath Somadder Date : 9th April, 2015 Appearance:
Mrs. Manju Bhuteria, Advocate ...for Applicants The Court : A meeting of the members holding Equity Shares of Mita Holdings Private Limited, the Applicant No. 1 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at
2.00 p.m. for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
A meeting of the members holding Equity Shares of Denro Holdings Private Limited, the Applicant No. 2 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at 2.30 p.m. for the purpose of considering and if thought fit, approving, with or without 2 modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
A meeting of the members holding Equity Shares of Goldline Tracom Private Limited, the Applicant No. 3 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at 3.00 p.m. for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
A meeting of the members holding Equity Shares of Navoday Exim Private Limited, the Applicant No. 4 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at 3.30 p.m. for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
A meeting of the members holding Equity Shares of Kartik Credit Private Limited, the Applicant No. 5 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at 4.00 p.m. for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
A meeting of the members holding Equity Shares of Ushaditya Trading Private Limited, the Applicant No. 6 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at 4.30 3 p.m. for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
A meeting of the members holding Equity Shares of Fiscal Securities India Limited, the Applicant No. 7 shall be convened and held at "Park Plaza", 1st Floor, 71, Park Street, Kolkata - 700016, on 5th day of June, 2015 at 5.00 p.m. for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Applicant Nos. 2 to 7 with the Applicant no. 1 Mita Holdings Private Limited.
At least 21 (twenty one) clear days before the date of the said meetings, an advertisement 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 Applicants or at the office of their Advocate- on-Record, Mr. Bijan Dutta, Advocate, 6, Old Post Office Street, 3rd Floor, Kolkata-700 001, be inserted once in English newspaper "The Business Standard" and once in Bengali newspaper "Bartaman" in Kolkata. The publication in Calcutta Gazette is dispensed with.
That, in addition, 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 sent by ordinary post or book post or by personal service addressed to 4 each of the Equity Shareholders in the Applicants at their respective last known addresses.
The Advocate-on-Record for the Applicants abovenamed do within two weeks from the date of obtaining this order file in Court, the form of the notices and the statement to accompany the notice and the same shall be settled by Assistant Registrar (Company) of this Court.
Ms. Sumouli Sarkar, Advocate, failing which Ms. Reshmi Ghosh, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Mita Holdings Private Limited, the Applicant No. 1 to be held as aforesaid at a remuneration of 1500 Gms.
Ms. Reshmi Ghosh, Advocate, failing which Ms. Sumouli Sarkar, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Denro Holdings Private Limited, the Applicant No. 2 to be held as aforesaid at a remuneration of 1500 Gms.
Ms. Aparna Banerjee, Advocate, failing which Ms. Amrita Sinha, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Goldline Tracom Private Limited, the Applicant No. 3 to be held as aforesaid at a remuneration of 1500 Gms.
Ms. Amrita Sinha, Advocate, failing which Ms. Aparna Banerjee, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Navoday Exim Private Limited, the Applicant No. 4 to be held as aforesaid at a remuneration of 1500 Gms.
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Ms. Trina Banerjee, Advocate, failing which Ms. Sucharita Roy, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Kartik Credit Private Limited, the Applicant No. 5 to be held as aforesaid at a remuneration of 1500 Gms.
Ms. Sucharita Roy, Advocate, failing which Ms. Trina Banerjee, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Ushaditya Trading Private Limited, the Applicant No. 6 to be held as aforesaid at a remuneration of 1500 Gms.
Ms. Paramita Pal, Advocate, failing which Ms. Sucharita Roy, Advocate, shall be the Chairperson for the said meeting of the equity shareholders of Fiscal Securities India Limited, the Applicant No. 7 to be held as aforesaid at a remuneration of 1500 Gms.
Any one Chairperson appointed for said meetings or any person authorized by them or any one of them do issue and send out the notice of the said meetings referred to above.
The quorum for the said meeting of the equity shareholders of the applicant nos. 1 to 6 may be fixed at 2(two) persons present either in person or by proxy.
The quorum for the said meeting of the equity shareholders of the applicant no. 7 may be fixed at 5(five) persons present either in person or by proxy.
That 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 meetings are 6 filed with the Applicants at their respective Registered Offices not later than 48 hours before the Meetings. Any one of the Chairpersons shall have the power to adjourn the meetings, if necessary.
That the value of each member shall be in accordance with the books of the Applicants and where entries in the books are disputed, the Chairpersons shall determine the value for the purpose of the meetings.
The Chairpersons do report to this Court the result of the said meetings within three weeks from the date of the conclusion of the respective meetings and their respective reports shall be verified by their respective affidavits.
Summons be signed as of date. C.A. No.216 of 2015 is disposed of without any order as to costs.
Urgent photostat certified copies of this order, be made available to the parties if applied for, upon compliance with all requisite formalities.
( BISWANATH SOMADDER, J. ) pa