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Kenson vs Blank

High Court Of Gujarat|27 April, 2011


Heard learned advocate Mr. Shah for the petitioner. Leaned advocate Mr. Shah has made reference of the earlier order dated 27/4/2011 passed in Company Application No.297 of 2011 whereby the Court permitted the applicant to dispense the meeting of the equity share holders. Learned advocate for the applicant has submitted that at the relevant point of time, there were no secured creditors and that therefore any question of holding of or dispensation of the meetings did not arise.
He also submitted that as on today also there are no secured creditors.
In support of the said submission, learned advocate for the applicant has relied upon certificate of chartered accountant certifying that as of today there are no secured creditors of the applicant company of the applicant.
By the aforesaid order, the applicant was directed to convene meeting of the unsecured creditors which, according to submission of learned advocate, was held on 6/6/2011.
The Chairman has filed his report with regard to the meeting of the unsecured creditors held on 6/6/2011. According to report, claim was approved. Having completed aforesaid question now applicant who is a transferrer company has presented this petition seeking sanction of the scheme.
The applicant is directed to advertise the admission of petition and also the date of hearing of proceedings for the purpose of consideration of the matter.
This matter will be heard on 21/9/2011.
To be advertised in Times of India, English daily (Ahmedabad Edition) and Kuttchmitra Gujarati daily (Kutch Edition). Publication in Government Gazette is dispensed with.
Office to issue Notice to Central Government through Regional Director, ROC Bhavan, Opp.Rupal Park Society. B/h Ankur Bus Stop, Naranpura, Ahmedabad.
Office to issue Notice to the Official Liquidator. He is directed to file his report preferably before the date of final hearing. For this purpose, he is permitted to engage a Chartered Accountant out of the panel maintained by him for the purpose, the fees for whom shall be borne by the petitioner Company.
(K.M.THAKER, J.) (ila)
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Kenson vs Blank


High Court Of Gujarat

27 April, 2011