1. In view of the details mentioned in paragraph No.4 and 5 of the Chairman's report, it is apparent and obvious that the averments made in paragraph No. 12 of the report are incorrect inasmuch as the meeting of the secured creditor was not concluded and at the request of the secured creditors the proceedings of the meeting were adjourned and yet the Chairman, in his report dated 22.9.2010 has stated that:
"12.
At the aforesaid meetings of secured creditors and unsecured creditors of the applicant company, the scheme of arrangement was approved by a majority in number and more than three-fourths of the secured and unsecured creditors dues of the applicant company, respectively present and voting either in person or by proxy, at the meeting."
2. The said averments and the entire report are presented on affidavit. Differently put, the averments made in paragraph No.12 of the report which are factually incorrect, have been stated on oath / on affidavit.
3. Learned advocate for the applicant, after the aforesaid discrepancy was pointed out by the Court, tendered apology and submitted that it is inadvertent mistake that the words "secured creditors and" are by mistake mentioned in paragraph No.12 of the report and he sought permission to withdraw the application.
4. It is unfortunate that the report and affidavit containing incorrect has been submitted on record. However, the Court has accepted the apology tendered by the learned advocate for the applicant.
5. The applicant is permitted to withdraw the application at this stage and file appropriate application with correct record.
6. The application stands disposed of as withdrawn.
(K.M.THAKER,J.) Suresh* Top