The court dispensed with the requirement to convene and hold a meeting of equity shareholders for a proposed Scheme of Amalgamation, as all shareholders had already provided consent.
The court dispensed with the need for a shareholders' meeting and creditor meetings due to existing consents and absence of creditors.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY SUMMONS FOR DIRECTION NO.79 OF 2012.
In the matter of the Companies Act 1 of 1956); AND In the matter of Sections 391 to 394 of the Companies Act, 1956; AND In the matter of Scheme of Amalgamation of OKAY PLASTICS PRIVATE LIMITED WITH MEHUL FINANCE AND INVESTMENTS PRIVATE LIMITED
MEHUL FINANCE AND INVESTMENTS ) PRIVATE LIMITED, a company ) incorporated under the Companies Act, 1956 ) having its registered office at 11-A , Mehta ) Industrial Estate, 1st Floor, J.P. Road No.2, ) Goregoan (East), Mumbai-400063. ) …Applicant Company.
Called for Summons for Direction
Coram: S. J. Kathawalla, J.
Date: 3rd February, 2012
Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant
MINUTES OF THE ORDER
UPON the application of the Applicant Company above named 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 13th day of January, 2012 of Mr. Bhupesh Premraj Bafna, Director of the Applicant Company, in support of the Summons for Direction and the Exhibit therein referred to, IT IS ORDERED:-
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(S. J. Kathawalla, J.)
1 issue framed by the court
Whether a meeting of equity shareholders is required when all shareholders have given consent.
1 provisions across 1 enactments
MEHUL FINANCE AND INVESTMENTS PRIVATE LIMITED
S. J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
