Allowed

Jackson Industrial Consultants Private Limited Vs

Bombay HC10 Feb 2012CSD/121/2012

Case brief

AI extract

What is this about?

In a summons for direction under the Companies Act, the High Court dispensed with meetings of equity and secured shareholders/creditors due to consents and absence. It allowed unsecured creditors on notice via registered post and newspaper publication.

What did the court decide?

Meeting of equity shareholders and secured creditors dispensed with; meeting of unsecured creditors dispensed with subject to notice via registered post and newspaper publication.

Jackson Industrial Consultants Private Limited Vs — Specific Performance | Bombay HC (2012)

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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. 121 OF 2012.

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In the matter of the Companies Act, 1 of 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 JACKSON INDUSTRIAL CONSULTANTS PRIVATE LIMITED AND GHATALIA AND BHAYANI CONSULTANTS PRIVATE LIMITED

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WITH BHAYANI INDUSTRIAL CONSULTANTS PRIVATE LIMITED

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JACKSON INDUSTRIAL CONSULTANTS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at Abhishek, 331 , R. R. Roy Marg, Charni Road, Mumbai – 400 004.

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) ) ) ) ) ) …Applicant Company.

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Called for Summons for Direction

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Coram: S. J. Kathawalla, J. Date: 10^th February, 2012

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Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant

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MINUTES OF THE ORDER

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UPON the application of the Applicant Company abovenamed by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 31^st January, 2012 of Mr. Dinesh M. Bhayani, Director of the Applicant Company, in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:-

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That the convening and holding the meeting of the Equity Shareholders of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of JACKSON INDUSTRIAL CONSULTANTS PRIVATE LIMITED, the Applicant / First Transferor Company and GHATALIA AND BHAYANI CONSULTANTS PRIVATE LIMITED, the Second Transferor Company with BHAYANI INDUSTRIAL CONSULTANTS PRIVATE LIMITED, the Transferee Company, is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “C-1” to “C-4” to the Affidavit in support of the Summons for Direction.

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That there are no Secured Creditors of the Applicant Company as stated in paragraph 22 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of the Secured Creditors does not arise.

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That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of JACKSON INDUSTRIAL CONSULTANTS PRIVATE LIMITED, the Applicant / First Transferor Company and GHATALIA AND BHAYANI CONSULTANTS PRIVATE LIMITED, the Second Transferor Company with BHAYANI INDUSTRIAL CONSULTANTS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the averments made in paragraph 23 of the Affidavit in support of the Summons for Direction. The Applicant undertakes to give individual notice of date of hearing of Petition by Registered Post A. D. to all its Unsecured Creditors and also to publish the same in two local news papers viz. “Free Press Journal”, in English language and translation thereof in “Maharashtra Times”, in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.

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(S. J. Kathawalla, J.)

Jackson Industrial Consultants Private Limited Vs

Case brief

What is this about?

What did the court decide?

Jackson Industrial Consultants Private Limited 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

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