1. This petition has been preferred by Swastik Ceracon Limited (the Transferee Company) under the provisions of Section-391 read with Section-394 of the Companies Act, 1956, seeking the sanction of this Court to the Scheme of Amalgamation of Ashok Ceracon Private Limited, Akik Tiles Limited, Gladder Ceramics Limited (Transferor Companies) with Swastik Ceracon Limited (the petitioner - Transferee Company).
2. Heard Mr.Pratik Thakkar, learned advocate for Mrs.Sangeeta N. Pahwa, learned advocate for the petitioner and perused the material on record. It is submitted that the petitioner had earlier filed Company Application No.169/2012, seeking dispensation of the meeting of shareholders of the petitioner Company on the ground that written consent of all the shareholders to the Scheme of Amalgamation has been obtained and produced on record. It is further submitted that the petitioner, being the Transferee Company, the meetings of Creditors were directed not to be held.
3. It is further submitted that in view of the letters of consent produced on record, this Court, vide order dated 24.04.2012 passed in Company Application No.169/2012 ordered that the meeting of the Equity Shareholders of the petitioner Company be dispensed with. It was further ordered that this being a Transferee Company, the meetings of Creditors was not required to be held.
4. Admit.
5. Notice to the Central Government through Regional Director, ROC Bhavan,Opp.Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad-380013.
6. Notice of the hearing of the petition to be published in the English daily newspaper "Indian Express" and the Gujarati daily newspaper "Lok-Satta Jan-Satta" (both Ahmedabad Editions). Publication of the notice in the Government Gazette is dispensed with.
7. The final hearing of the petition may take place on Friday, 31st day of August, 2012.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top