Golden Ark Real Estates Pvt.Ltd. v. ----
Case brief
What is this about?
The Bombay High Court, in an application under Sections 391-394 of the Companies Act, 1956, dispensed with the convening of meetings for equity shareholders, secured creditors, and unsecured creditors regarding a proposed amalgamation scheme, relying on their written consents.
What did the court decide?
That convening and holding of meetings of equity shareholders, secured creditors, and unsecured creditors is dispensed with in view of the consents given.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 700 OF 2013
In the matter of the Companies Act, 1956 (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 Seasons Fertilizers Private Limited with Golden Ark Real Estates Private Limited and their respective shareholders
| Golden Ark Real Estates Private Limited, a company Incorporated under |
) ) |
|---|---|
| the provisions of Companies Act, 1956 having | ) |
| its Registered Office at A/612, | ) |
| Dalamal Towers, 211, Nariman Point, | ) |
| Mumbai 400 021 | ) |
| .....Applicant Company |
Called Summons for Direction
Mr. Hemant Sethi i/b. M/s Hemant Sethi & Co., for Applicant
Issues for consideration
2 issues framed by the court
Whether convening shareholders' and creditors' meetings is needed when written consents are given for the Scheme of Amalgamation under Sections 391-394 Companies Act, 1956.
Whether the application for directions regarding the amalgamation scheme is maintainable given the absence of dissent.
Parties & counsel
- applicant
Golden Ark Real Estates Private Limited
Coram
N M Jamdar
Case details
As recorded by the court registry
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