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Showing contexts for: proxy FORMS in Deep Industries Limited vs Respondent(S) on 9 December, 2015Matching Fragments
8 Whereas, upon reading of the affidavit dated 2nd December 2015, filed in support of the Judges' Summons for directions and other relevant annexures attached thereto in support of the contents of the affidavit filed by the deponent, (Exhibit 'C' being a copy of the proposed scheme of Arrangement), IT IS ORDERED:
9 That separate meetings of the Equity Shareholders and Secured Creditors of the Applicant Company shall be convened and held at Hotel Planet Landmark, Ambli Bopal Road,Off S.G.Road, Ahmedabad, in the State of Gujarat, on Wednesday, the 20th January 2016, respectively, at 10:00 a.m. and 11:30 a.m., for the purpose of considering and if thought fit, approving with, or without modifications, the proposed Composite Scheme of Arrangement in the nature of amalgamation of HC-NIC Page 6 of 10 Created On Sat Dec 12 01:20:36 IST 2015 O/COMA/376/2015 ORDER five Transferor Companies viz. Kanvel Finance Private Limited and Kanvel Oil and Gas Private Limited and Prabhavati Properties Private Limited and Savla Enterprise Private Limited and Yash Organochem Private Limited with Deep Industries Limited, the Applicant Transferee Company and Restructure of Share Capital of Deep Industries Limited, as proposed between the Applicant Transferee Company and its Shareholders. 10 That at least 21 clear days before the meeting to be held as aforesaid, Notice convening the said meetings, indicating the day, the date, the place and the time as aforesaid, together with a copy of the Scheme of Arrangement, copy of the Explanatory Statement required to be sent under Section 393 of the Companies Act, 1956 and the prescribed Form of Proxy shall be sent by a prepaid letter posted under Book Post, addressed to each of the Equity Shareholders and Secured Creditors of the Applicant Company, at their last known address. The lists of shareholders and secured creditors with their names and addresses shall be placed on record by the Applicant Company. A certificate shall be obtained from the Postal Dept. confirming the total number of dispatches so made.
HC-NIC Page 7 of 10 Created On Sat Dec 12 01:20:36 IST 2015
O/COMA/376/2015 ORDER
11 That at least 21 clear days before the meetings to be held as aforesaid, Notice convening the said meetings indicating the day, the date, the place and time as aforesaid be published, stating that copies of the Scheme of Arrangement, the Explanatory Statement required to be furnished pursuant to Section 393 of the Companies Act, 1956 and Form of Proxy can be obtained free of charge at the Registered Office of the Applicant Company and/or at its Advocate's office i.e. 301, Shivalik10, Opp. SBI Zonal Office, S.M. Road, Ambavadi, Ahmedabad 380015 once each in 'Indian Express', English daily and 'Sandesh' Gujarati daily (both Ahmedabad editions).
15 That voting by proxy is permitted provided that the proxy in the prescribed form and duly signed by the person entitled to attend and vote at the aforesaid meeting, or by his authorised representative, is filed with the Applicant Company at its registered office at Ahmedabad, not later than 48 hours before the said meeting.
16 That the value of the vote of each Equity Shareholder of the Company shall be as per the entries in the Registers of the company and that of the HC-NIC Page 9 of 10 Created On Sat Dec 12 01:20:36 IST 2015 O/COMA/376/2015 ORDER Secured Creditors as per the books of accounts of the Applicant Company and where the entries in the records or registers are disputed, the Chairman of the meetings shall determine the value or number for the purposes of the meeting and his decision in that behalf would be final.