Allowed

Fortress Infotech Pvt.Ltd. v. --

Bombay HC21 Jun 2013CSD/476/2013

Case brief

AI extract

What is this about?

The Bombay High Court, in a company summons application under Section 391-394 of the Companies Act 1956, ordered that the convening of shareholder meetings for the proposed amalgamation be dispensed with due to existing consents. The court also dispensed with the unsecured creditor meeting, accepting an undertaking to provide individual notice and publish notices in specified newspapers, noting no

What did the court decide?

Convening of meetings of shareholders and unsecured creditors for the scheme of amalgamation is dispensed with; undertaking to notify unsecured creditors accepted.

Fortress Infotech Pvt.Ltd. Vs -- — Company and Corporate | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY SUMMONS FOR DIRECTION NO. 476 OF 2013.

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In the matter of the Companies Act 1 of 1956); AND

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In the matter of Section 391 to 394 of the Companies Act, 1956; AND

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In the matter of Scheme of Amalgamation of AIR OCEAN LOGISTICS PRIVATE LIMITED and BLACKSTONE MERCANTILE PRIVATE LIMITED and DIGNUS MEDITAINMENT VENTURES PRIVATE LIMITED and FORTRESS INFOTECH PRIVATE LIMITED and MADHURAM SOFT-TECH PRIVATE LIMITED and TRANS-PACIFIC ADVISORY SERVICES PRIVATE LIMITED with EDICO VENTURES PRIVATE LIMITED and their respective Shareholders and Creditors.

¶7

FORTRESS INFOTECH PRIVATE ) LIMITED, a company incorporated ) under the Companies Act, 1956 having ) its registered office at Office No 6, Shri ) Hanumanta Apt, Sra Chs Ltd, ) Bamanwada, M C Chagla Marg, Vile ) … Applicant Company. Parle East, Mumbai – 400 099.

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Called Summons for Direction

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Mr. Rajesh Shah with Mr. Chandrakant Mhadeshwar i/b M/s. Rajesh Shah & Co., for the Applicant

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Coram: Ranjit More, J

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^st June, 2013

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MINUTES OF THE ORDER

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UPON the application of the Applicant Company above-named by a Summons for Directions AND UPON HEARING M/s. Rajesh Shah instructed by Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 23^rd day of May, 2013 of Mr.

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Manoj Sethi, Authorised Signatory of the Applicant Company, in support of the Summons for Directions IT IS ORDERED:-

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That the convening and holding of the meeting of the Equity Shareholders of the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification(s) the proposed scheme of Amalgamation of AIR OCEAN LOGISTICS PRIVATE LIMITED and DIGNUS MEDITAINMENT VENTURES PRIVATE LIMITED and FORTRESS INFOTECH PRIVATE LIMITED and MADHURAM SOFT-TECH PRIVATE LIMITED and TRANS-PACIFIC ADVISORY SERVICES PRIVATE LIMITED with EDICO VENTURES PRIVATE LIMITED and their respective Shareholders and Creditors is dispensed with in view of the consents given by the two Equity Shareholders of the Applicant Company as on date, which are annexed as Exhibit ‘C-1’ and ‘C-2’ to the affidavit in support of the Summons for Direction.

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There are no Secured Creditors of the Applicant Company as mentioned in paragraph 42 of the Affidavit in support of Summons for Directions, hence, the question of convening and holding the meeting of Secured Creditors does not arise.

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That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification(s) the proposed scheme of Amalgamation of AIR OCEAN LOGISTICS PRIVATE LIMITED and DIGNUS MEDITAINMENT VENTURES PRIVATE LIMITED and FORTRESS INFOTECH

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PRIVATE LIMITED and MADHURAM SOFT-TECH PRIVATE LIMITED and TRANS-PACIFIC ADVISORY SERVICES PRIVATE LIMITED with EDICO VENTURES PRIVATE LIMITED and their respective Shareholders and Creditors is dispensed with in view of the averment made in paragraph 43 of the Affidavit in support of the Summons for Directions and that the Applicant undertakes to give individual notice of date of hearing of Petition by Registered Post A. D. to all its Unsecured Creditors and also to publish the same in ‘’Free Press Journal’’, in English and ‘’Navshakti’’, in Marathi. The said undertaking is accepted.

¶19

(Ranjit More, J.)

Fortress Infotech Pvt.Ltd. v. --

Case brief

What is this about?

What did the court decide?

Fortress Infotech Pvt.Ltd. v. --

Case brief

What is this about?

What did the court decide?

What the court decided

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