The applicant Kalvir Estates Private Limited is the transferor company in the Scheme of Amalgamation of Kalvir Estates Private Limited with Ozone India Limited. The applicant has filed the present application seeking dispensation of the meetings of equity shareholders and unsecured creditors on the ground that all the shareholders and unsecured creditors have given their consents.
Learned counsel for the applicant submits that all the shareholders and unsecured creditors of the applicant-company have given their consents in writing approving the Scheme of Amalgamation. It is also stated that there are no secured creditors of the applicant-company. The applicant has produced the consent letters of all the equity shareholders along with the list (Pg.51 to 58) and consent letters of all the unsecured creditors along with the list (Pg.59 to 84) at Annexure 'D' (Colly.) with the Affidavit in support of Judges Summons. The applicant has also produced certificate (Pg.85 and 88) dated 14.04.2012 given by Dhiren Shah & Co., Chartered Accountants, certifying that all the equity shareholders and unsecured creditors have given their consents and they have approved the scheme of amalgamation and that there are no secured creditors of the applicant company. The applicant therefore prays for dispensation of the meeting of the equity shareholders and unsecured creditors.
Having heard the learned advocate for the applicant and having perused the record including the certificate as above referred, it appears to the Court that consents of all the shareholders and unsecured creditors are obtained. Accordingly, the meetings of the equity shareholders and unsecured creditors of the applicant-company are ordered to be dispensed with.
The present application is accordingly disposed of.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top