Disposed

Malca Amit India Private Limited Vs

Bombay HC17 Aug 2012CSD/600/2012

Case brief

AI extract

What is this about?

The Court dispensed with the need to convene a meeting of equity shareholders of Malca-Amit India Private Limited to approve a scheme of amalgamation, as their consents were already obtained. The Court also found no secured or unsecured creditors, dispensing with meetings for them.

What did the court decide?

Meeting of equity shareholders dispensed with; meeting of creditors dispensed with due to lack of creditors.

Malca Amit India Private Limited Vs — Company and Corporate | Bombay HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 600 OF 2012

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In the matter of the 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 Malca-Amit India Private Limited, a Company incorporated under the Companies Act, 1956 and having its Registered Office at Unit No. 4 & 4A, Kartar Mansion No. 135, Tribhuvan Road, Opera House, Mumbai – 400 008

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And

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In the matter of Scheme of Amalgamation of Malca-Amit India Private Limited with MalcaAmit JK Logistics Private Limited

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Malca-Amit India Private Limited ) Unit No. 4 & 4A, Kartar Mansion No. 135, ) Tribhuvan Road, Opera House, ) Mumbai – 400 008, Maharashtra ) …Applicant Company

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Called for Summons for Direction

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Coram:S. J. Kathawalla, J Date: 17^th August, 2012

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Mr. Durgesh Khanapurkar i/b India Law Alliance, Advocates for the Applicant Company

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MINUTES OF ORDER

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UPON HEARING Mr. Durgesh Khanapurkar, Advocate for the Applicant Company, AND UPON READING the Affidavit dated 3^rd February, 2012 of Mr. Kunal Kulkarni, the Authorised Signatory of the Applicant Company in Support of the Summons for Direction and the Exhibits referred to therein, IT IS ORDERED:

¶15

That 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 modifications, the proposed Scheme of Amalgamation of Malca Amit India Private Limited, the Applicant/Transferor Company with Malca Amit JK Logistics Private Limited, the Transferee Company is dispensed with in view of the consents given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits – ‘F-1’ and ‘F-2’ to the Affidavit-in-Support of the Company Summons for Direction.

¶16

That there are no secured and unsecured creditors of the Applicant Company as stated in paragraph 18 of the Affidavit-in-Support of the Company Summons for Direction. Hence, the question of convening and holding of the meeting of secured or unsecured creditors does not arise.

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( S. J. Kathawalla, J)

Malca Amit India Private Limited Vs

Case brief

What is this about?

What did the court decide?

Malca Amit India 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

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