Single judge company summons to dispense with convening meetings of equity shareholders, secured creditors, and unsecured creditors for an amalgamation scheme due to receipt of consents from all stakeholders under Companies Act, 1956.
Meeting of equity shareholders, secured creditors, and unsecured creditors dispensed with.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY SUMMONS FOR DIRECTION NO. 375 OF 2013
In the matter of the Companies Act, 1956
AND
In the matter of Sections 391 to 394 of the Companies Act, 1956.
AND
In the matter of the Scheme of Amalgamation of
Soft Clad Laminates Private Limited, Transferor Company No. 1
Aman Multiplast Private Limited, Transferor Company No. 2
with
Multiplast Polymer Private Limited. Transferee Company
Aman Multiplast Private Limited Incorporated and registered under the Companies Act, 1956, having its registered office at B/603, Runwal Towers, L.B.S. Road, Mulund (W), Mumbai – 400080.
) ) ) ) ) ) ) …Applicant
Called for Summons for Direction
Mr. Sanjay Udeshi i/b Sanjay Udeshi & Co, Advocate(s) for Applicant.
Coram: Ranjit More, J
Dated: 18th April, 2013
MINUTES OF ORDER
Upon the application of the above-named Applicant Company by a Summons for Direction AND upon hearing Shri Sanjay Udeshi, Advocate for the Applicant AND upon reading the Affidavit dated 23rd November, 2012 of Mrs. Sarika Deshmukh the Authorised Signatory of the Applicant
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Company of Mumbai in support of the Summons for Direction, and the Exhibits therein referred to, IT IS ORDERED:
(Ranjit More. J)
1 issue framed by the court
Whether a meeting of equity shareholders, secured creditors, and unsecured creditors is necessary for approval of a scheme of amalgamation when written consents are obtained from all stakeholders.
1 provisions across 1 enactments
Aman Multiplast Private Limited
Soft Clad Laminates Private Limited
Multiplast Polymer Private Limited
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
