Dismissed

Quick Heal Technologies Private Limited v. --------------------------------------

Bombay HC7 Jan 2011CSD/11/2011

Case brief

AI extract

What is this about?

In a company summons for direction under S. 391 & 394 of the Companies Act, 1956, the Court dispensed with the need to convene shareholder meetings for approving a scheme of amalgamation due to unanimous written consents from equity shareholders.

What did the court decide?

Meeting of equity shareholders dispensed with due to unanimous consents; no meeting of creditors required.

Quick Heal Technologies Private Limited Vs… — Specific Performance | Bombay HC (2011)

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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 11 OF 2011

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In the matter of Section 391 & 394 of Companies Act, 1956;

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And

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In the matter of Scheme of Amalgamation of Cat Labs Private Limited with Quick Heal Technologies Private Limited and their Respective Shareholders

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Quick Heal Technologies Private Limited, A Company Incorporated under the provisions Of Companies act, 1956 having its Registered Office 603, Mayfair Tower II, Wakdewadi, Shivajinagar, Pune Mumbai Highway, Pune 411 005

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Called Summons for Direction

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Date: 7^th January 2011

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Mr. Hemant Sethi i/b. Hemant Sethi & Co., Advocates for the Applicant.

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MINUTES OF THE ORDER

¶13

UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 3^rd day of January 2011 of Ms. Deepti Dole , Company Secretary of the Applicant Company in support of Company Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:

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That convening and holding of the meeting of the Equity Shareholders of Quick Heal Technologies Private Limited, the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification(s), the Scheme of Amalgamation of Cat Labs Private

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Limited, the Transferor Company with Quick Heal Technologies Private Limited, the Applicant/Transferee Company and their Respective Shareholders is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “G1” to “G7” to the affidavit in support of Company Summons for Direction.

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There are no Secured & Unsecured Creditors in Quick Heal Technologies Private Limited, the Applicant Company, as mentioned in paragraph (21) of the Affidavit in support of Company Summons for Direction, hence, the question of convening and holding the meetings of the Secured & Unsecured Creditors does not arise.

Quick Heal Technologies Private Limited v. --------------------------------------

Case brief

What is this about?

What did the court decide?

Quick Heal Technologies Private Limited v. --------------------------------------

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

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Case details

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