1. The present Judges Summons has been taken out by the applicant-Hema Dyechem Pvt. Ltd. (Transferee Company) for appropriate orders for dispensing with the meeting of Equity Shareholders of the applicant-company on the ground that all the equity shareholders of the applicant-company have given their consents in writing in approval of the scheme of Amalgamation of the applicant company with Amitech Chemicals Pvt. Ltd. and Fine Hydrochem Pvt. Ltd.
2. Mr. Navin K. Pahwa, learned Advocate appearing on behalf of the applicant has submitted that there are only six equity shareholders of the applicant company and all the six equity shareholders have given their consents in writing. A copy of each of the consent letters are produced at Pg.87 to 92 of the compilation. Attention of the Court is also Page 1 of 2 O/COMA/143/2015 ORDER invited to a Certificate dated 18.2.2015 given by M/s. A.K.Anand & Co., Chartered Accountants certifying that all the Shareholders of the applicant company have given their consents in writing in approval of the Scheme and for waiving the right to call the meeting of the Equity Shareholders. It is further submitted that this being transferee-company, meeting of the creditors is not required to be held. It is therefore requested to pass an appropriate order to dispense with the meeting of Equity Shareholders.
3. Having heard Mr. Pahwa, learned Advocate for the applicant and considering the fact that all the Equity Shareholders of the applicant company have given their consents in writing as required u/s 391(2) of the Act to the proposed Scheme of Amalgamation, the meeting of the Equity Shareholders of the applicant company is ordered to be dispensed with. It is further ordered that this being transferee-company, meeting of the creditors is not required to be held.
4. In view of the above, the present application is disposed of.
(S.R.BRAHMBHATT, J.) Pankaj Page 2 of 2