Gujarat High Court
Hcgmedi- Surge Hospitals Private ... vs .....Respondent(S) on 11 July, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
HCGMEDI- SURGE HOSPITALS PRIVATE LIMITED....Applicant(s)V/S.....Respondent(s) O/COMA/198/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY APPLICATION NO. 198 of 2013 ================================================================ HCGMEDI- SURGE HOSPITALS PRIVATE LIMITED....Applicant(s) Versus .....Respondent(s) ================================================================ Appearance: MR PAVAN S GODIAWALA, ADVOCATE for the Applicant(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 11/07/2013 ORAL ORDER
1. Heard Mr. Godiawala, learned advocate for the applicant.
2. Present application is filed seeking prayers for convening of the meetings of the equity shareholders, secured creditor and unsecured creditors of the applicant for considering and if thought fit with or without modification the scheme of arrangement between HCG-MEDI SURGE HOSPITALS PRIVATE LIMITED AND HEALTH CARE GLOBAL ENTERPRISES LIMITED AND THEIR RESPECTIVE SHAREHOLDERS AND CREDITORS. The applicant has produced the scheme at exhibit D to the application.
It is stated that the transferee company's registered office is in state of Karnataka and necessary application C.A. No. 1127 of 2013 is preferred before the High Court of Karnataka and order is passed on 27.6.2013 allowing the application for convening the meetings of the transferee company.
There are 2 equity shareholders, one secured creditor and 418 unsecured creditors of the applicant and the applicant has placed on record the certificates of the Practicing Company Secretary certifying the number of equity shareholders and certificate of charted accountant certifying the number and amount of dues to secured creditor and unsecured creditors at exhibit F .
5. As stated by the applicant in the application, it is ordered that the applicant to convene and hold the meeting of equity shareholders at the registered office on 14.8.2013 at 10 a.m. under the Chairmanship of Mr. Anantharaman Sadasivam, Director, failing him Mr. Viswanathan Palaniappan, Director after serving clear 21 days notice of meeting to the members of the equity shareholders. The applicant is directed to send the notice with explanatory statement and proxy form to the equity shareholders by book post duly authenticated by the Postal Department before dispatching, the quoram for the meeting of equity shareholders shall be two in number present in person or through proxy. Further the applicant is directed to convene and hold the meeting of secured creditor (only single secured creditor) under the Chairmanship of Mr. Anantharaman Sadasivam, Director, failing him Mr. Viswanathan Palaniappan, Director at the registered office of the applicant at 11 a.m. on 14th August 2013, after serving clear 21 days notice of meeting to the secured creditor. The applicant is directed to send the notice with explanatory statement and proxy form to the secured creditor by book post duly authenticated by the postal department before dispatching, the quoram for the meeting of secured creditors shall be one in number as there is only one secure creditor, present in person or through proxy. The applicant is further directed to convene and hold the meeting of unsecured creditors under the Chairmanship of Mr. Anantharaman Sadasivam, Director, failing him Mr. Viswanathan Palaniappan, Director at the registered office of the applicant at 12 noon at 14.8.2013 after serving clear 21 days notice of meeting to the unsecured creditors. The applicant is directed to send the notice with explanatory statement and proxy form to the unsecured creditors by book post duly authenticated by the postal department before dispatching, the quoram for the meeting of unsecured creditors shall be 20 in number present in person or through proxy.
6. The applicant is further directed to publish the notice of meetings in Business Standard English Daily and Sandesh Gujarati Daily both Ahmedabad Edition and notices of publication in Government Gazette are dispensed with.
7. The Chairman of the respective meetings shall report the outcome of the meetings to this Court.
With the aforesaid clarifications and directions the application is disposed of.
(K.M.THAKER, J.) Suresh* 4