Hanumesh Investments Privat Limited Vs
Case brief
What is this about?
The High Court dispensed with the convocation of meetings for equity shareholders, secured creditors, and unsecured creditors for considering and approving a Scheme of Arrangement under Sections 391 to 394 of the Companies Act, 1956, due to written consents obtained from all relevant parties.
What did the court decide?
Dispensation of convening meetings for shareholders, secured creditors, and unsecured creditors for the Scheme of Arrangement.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.177 OF 2012
In the matter of Companies Act,
1956
And
In the matter of Section 391 to
394 of the Companies Act, 1956 And
In the matter of Scheme of
Arrangement
Between
Hanumesh Realtors Private Limited,
(the Transferor Company)
And
Hanumesh Investments Private
Issues for consideration
3 issues framed by the court
Whether a meeting of equity shareholders is required when consent is given in writing for the Scheme of Arrangement.
Whether a meeting of secured creditors is required in absence of secured creditors.
Whether a meeting of unsecured creditors is required when consent is given in writing for the Scheme of Arrangement.
Parties & counsel
- applicant
Hanumesh Investments Private Limited
Coram
S. J. Kathawalla
Case details
As recorded by the court registry
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