Upon the application of the abovenamed company by summons dated 9.1.2012, filed under Sections 391 to 394 of the Companies Act, 1956, upon hearing Mrs. Swati Soparkar, learned advocate for the applicant company and upon reading of the affidavit dated 29.12.2011, filed in support of the Judge's summons for directions and other relevant annexures attached in support of the contents of the affidavit filed by the deponent, (Exhibit 'C' being a copy of the proposed scheme of amalgamation), and considering the following submissions,
1. The applicant in the abovereferred company application viz. Hazira Gas Private Limited is the transferor company which proposes to enter into an arrangement in the nature of amalgamation with Hazira LNG Private Limited.
2. It has been pointed out that all the equity shareholders of the applicant company have given their consent in writing approving the scheme of arrangement. The said consents are annexed as annexure-"D" to the application. It has been pointed out that there are no secured and unsecured creditors of the applicant company as on date. The certificates confirming the status of shareholders and creditors are collectively annexed as annexure-'E' to the application.
3. It is hereby ordered that in view of the aforesaid facts and circumstances, the meeting of the equity shareholders of the applicant company as required to be held under provisions of section 391(2) of the Companies Act, 1956, is not necessary to be held and is hereby dispensed with.
4. The application is hereby disposed off.
(K.M.THAKER,J.) Suresh* Top