Allowed

Gordon House Airport Hotels Private Limited Vs

Bombay HC31 Aug 2012CSP/596/2012

Case brief

AI extract

What is this about?

The High Court at Bombay allowed the application of Gordon House Airport Hotels Private Limited for reduction of share capital. Having verified compliance with the Special Resolution and court directions under the Companies Act, 1956, the court made the petition absolute.

What did the court decide?

Petition made absolute in terms of prayer clauses; order published in newspapers and Gazette.

Gordon House Airport Hotels Private Limited Vs — Succession and Inheritance | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY SCHEME PETITION NO.596 OF 2012.

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CONNECTED WITH

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COMPANY SUMMONS FOR DIRECTION NO.539 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 100 and 104 of the Companies Act, 1956;

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AND

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In the matter of GORDON HOUSE AIRPORT HOTELS PRIVATE LIMITED.

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GORDON HOUSE AIRPORT HOTELS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 and having its registered address at 4 D, Kakad House, 11, Marine Lines, Mumbai 400 020, Maharashtra.

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… Petitioner Company.

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Mr. Karl Tamboly i/b Bharucha & Partners, Advocate for the Petitioner.

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CORAM : S. J. Kathawalla J. DATE : 31^st August, 2012

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P. C.:

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Heard learned counsel for the parties.

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The sanction of the Court has been sought for the reduction of share capital of the Petitioner Company as approved in a Special Resolution passed by the Shareholder; of the Petitioner Company at extra ordinary general meeting held on 1^st February, 2012.

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The reasons for reduction of share capital are stated in paragraph 10 of the Petition.

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An order for dispensation of the procedure under Section 101(2) of the Companies Act, 1956 was passed by this Court on 27^th July, 2012 in Company Summons for Directions No. 539 of 2012.

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The Counsel appearing on behalf of the Petitioners states that they have complied with all statutory requirements as per directions of this Court and they have filed necessary affidavits of compliance in the Court. Moreover, the Petitioner Company also undertakes to comply with statutory requirements, if any, as required under the Companies Act, 1956 and the Rules made thereunder. The undertaking is accepted.

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None of the parties concerned have come forward to oppose the proposed reduction of share capital. Since, the requisite statutory procedure has been fulfilled; the Petition is made absolute in terms of prayer clauses (a) to (c) and (g).

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Filing and issuance of the drawn up order is dispensed with.

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All authorities concerned to act on a copy of this order alongwith Form of Minutes annexed to the Petition, duly authenticated by the Company Registrar, High Court, Bombay.

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Petitioner to publish notices in the same newspapers i.e. Navshakti, in Marathi and Free Press Journal in English, having circulation in Mumbai and also in the Maharashtra Government Gazette about registration of Order and minutes of reduction by the concerned Registrar of Companies, Mumbai, Maharashtra.

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(S. J. Kathawalla J.)

Gordon House Airport Hotels Private Limited Vs

Case brief

What is this about?

What did the court decide?

Gordon House Airport Hotels Private Limited Vs

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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