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Showing contexts for: proxy FORMS in Companies Act vs Mafatlal Industries Ltd. Reported In ... on 18 July, 2009Matching Fragments
5. To effectuate the decision of the Board of Directors, both the Companies filed separate Company Applications being Company Application Nos.438/2009 and 439/2009 respectively before the Company Judge for directions. On 23rd April 2009, the respective companies were directed to convene meeting of the equity shareholders at the specified place, date and time for the purpose of considering and if thought fit, approving with or without modification the arrangement embodied in the Scheme of Arrangement. The said order further nominated persons who were to act as Chairman of the meeting or any adjourned meeting and to report the result of the meeting to the Company Judge. It was further ordered that the convening and holding of the meeting of the sole secured creditor of the Demerged Company to consider and approve the proposed Scheme of Arrangement was dispensed with in view of the averment in Paragraph 18 of the affidavit that the Scheme would not affect the sole secured creditor. The Court was also pleased to dispense with convening and holding of the meeting of unsecured creditors of both Companies in view of the averment in Paragraph 19 of the affidavit-that the unsecured creditors will not be affected by the proposed Scheme of Arrangement as the value of the assets of the Applicant Company post Scheme will be same as they were before the implementation of the Scheme. The Court, however, directed both the Companies to serve individual notices of the hearing of the Petition by registered post acknowledgment due to the unsecured creditors having an outstanding balance of Rs.20 lakhs or more and also publish the notices in one issue each of Free Press Journal in English language and Maharashtra Times in Marathi language, both having circulation in Mumbai. Accordingly, notice of the meetings were sent individually to all the equity shareholders of all the respective companies under Certificate of Posting as required by order, together with copies of the Scheme, statement required to be sent under Section 393 of the Companies Act, prescribed form of proxy and attendance slip therewith. Besides, the notice convening the meetings was also advertised as per the order of the Court in the specified newspapers.