Disposed

Crystal Island Park Pvt.Ltd., Alto De Porvorim, Bardez Goa. Vs

Bombay HC18 Nov 2005COAP/50/2005

Case brief

AI extract

What is this about?

This order dispensed with the necessity of holding equity shareholders and creditors meetings, issuing notices, and publishing advertisements under Section 391 of the Companies Act, 1956 for an amalgamation scheme due to the full consent of shareholders and unsecured creditors.

What did the court decide?

Dispensed with the convening of equity shareholders and creditors meetings, issue of notices, and advertisements for the scheme of amalgamation.

Crystal Island Park Pvt.Ltd., Alto De Porvorim, Bardez… — Company and Corporate | Bombay HC (2005)

¶1

¶2

IN THE HIGH COURT OF BOMBAY AT GOA

¶3

COMPANY APPLICATION NO. 50 OF 2005

¶4

Crystal Island Park Pvt. Ltd., Alto de Porvorim,

¶5

Bardez, Goa. ... Applicant

¶6

Mr. D. J. Pangam, Advocate for the Applicant.

¶7

CORAM : N. A. BRITTO, J.

¶8

DATE : 18TH NOVEMBER, 2005

¶9

P.C.:

¶10

Heard Mr. D. J. Pangam, the learned Counsel

¶11

appearing on behalf of the applicantCompany who has filed an application under Section 391 of the Companies Act, 1956.

¶12

Mr. Pangam has also filed an additional affidavit of

¶13

Mr. Mark Rodrigues, one of the two Directors of the applicant Company. The same be placed on record. The Minutes of the Order have also been filed.

¶14

Upon perusal of the petition and hearing the learned

¶15

¶16

Counsel appearing on behalf of the applicant, it is ordered that the convening and holding of the meeting of the Equity Shareholders of the applicantCompany to consider and approve the Scheme of Amalgamation of Zuari River Agrotech Private Limited with the applicant is dispensed with in view of the consent given by both the shareholders of the applicant Company. The consent letters of the Equity Shareholders are annexed as Exh. J to the affidavit dated 18112005 of Mr. Mark Rodrigues, Director in support of summons for directions.

¶17

It is also hereby ordered that the Company holding of unsecured creditors of the applicantCompany to consider and approve the Scheme of Amalgamation of Zuari River Agrotech Private Limited with the applicantCompany is dispensed with in view of the averments made in paras 23 and 24 of the affidavit dated 29102005 of Mr. Mark Rodrigues, Director in support of the summons for directions and consent letters of the unsecured creditors of the applicantCompany annexed as Exh. J to the said affidavit dated 29102005.

¶18

It is further ordered that issue of notices,

¶19

¶20

advertisements and publications in newspapers and Government

¶21

Gazette be dispensed with.

¶22

N. A. BRITTO, J.

¶23

Crystal Island Park Pvt.Ltd., Alto De Porvorim, Bardez Goa. Vs

Case brief

What is this about?

What did the court decide?

Crystal Island Park Pvt.Ltd., Alto De Porvorim, Bardez Goa. Vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rekha Ghosh, Presently Lodged in Central Jail Aguada, Sinquerim Goa. Vs State, through Public Prosecutor, Panaji Goa.

Ankita Roy,Presently Lodged in Central Jail Aguada, Sinquerim Goa. Vs State, through Public Prosecutor, Panaji Goa

Shri Katu Dholo Gaonkar, Canacona Goa. Vs State ( through Pp)

Zuari River Agrotech Pvt.Ltd., Alto De Porvorim,Bardez Goa. Vs

M/S Nigel Shipyard Pvt. Ltd.,Vasco-Da-Gama,Goa. Vs M/S Cersons Ore Carriers Pvt.Ltd.,Vasco-Da-Gama

M/S Western India Shipyard Ltd.,Mormugao Goa. Vs M/S Cedervall and Sooner Ab Ltd.,Sweden.