Disposed

Dinavanti Morarji Chemicals Pvt. Ltd. v. -----------------------------------

Bombay HC29 Jan 2010CSD/66/2010

Case brief

AI extract

What is this about?

In a summons for direction under Sections 391 to 394 of the Companies Act, 1956, the Court dispensed with the meeting of equity shareholders as all had consented. It further held that no creditors' meeting was required as no secured or unsecured creditors existed.

What did the court decide?

Meeting of equity shareholders dispensed with; convening of creditors' meetings not ordered.

Dinavanti Morarji Chemicals Pvt. Ltd. Vs… — Specific Performance | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY SUMMONS FOR DIRECTION NO. 66 OF 2010

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In the matter of Companies Act, 1956;

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And

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In the matter of Sections 391 to 394 of the Companies Act, 1956;

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And

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In the matter of Scheme of Amalgamation of Avantika Morarji Chemicals Private Limited;

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And Dinavanti Morarji Chemicals Private Limited; With Danashmand Organic Private Limited; Dinavanti Morarji Chemicals Limited ] A Company incorporated under ] the Companies Act, 1956 having ] Its Registered Office at 1/292 Manhas ] Mansion, Vidya Nagari Marg, Kalina, ] Mumbai 400 098. ] … Applicant Called Summons for Directions.

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CORAM : S. J. Kathawalla J. DATE : 29^th January, 2010.

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Ananth Iyengar, Advocate for the Applicant.

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MINUTES OF THE ORDER

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UPON the application of the Applicant Company by Summons for Directions AND UPON HEARING Ananth Iyengar, Advocate for the Applicant and UPON READING the Affidavit dated 23^rd day of December, 2009 of Davindersingh Minhas, Director of the Applicant Company, in support of the Summons for Directions, IT IS ORDERED THAT:

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[1] The convening and holding the meeting of the Equity Shareholders of the Applicant Company, for the purpose of considering, and if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation of (1) Avantika Morarji Chemicals Private Limited and (2) Dinavanti Morarji Chemicals Private Limited with Danashmand Organic Private Limited is dispensed with in view of consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibits C-1 to C-6 to the affidavit support of Summons for Directions:

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[2] There are no Secured or Unsecured Creditors of the Applicant Company, as stated in paragraph 28 of the Affidavit in Support of the Summons for Direction. Hence,

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the question of convening and holding the meetings of secured and Unsecured Creditors does not arise;

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(S. J. Kathawalla, J.)

Dinavanti Morarji Chemicals Pvt. Ltd. v. -----------------------------------

Case brief

What is this about?

What did the court decide?

Dinavanti Morarji Chemicals Pvt. Ltd. v. -----------------------------------

Case brief

What is this about?

What did the court decide?

What the court decided

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