This order dispensed with the need to convene a meeting of equity shareholders for approving a scheme of amalgamation, as all shareholders had provided written consent.
Meeting of equity shareholders dispensed with as all shareholders consented; meeting of creditors not required as none exist.
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. 120 OF 2014.
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 AKHAND WAREHOUSING PRIVATE LIMITED, and PAHADI TRANSPORT PRIVATE LIMITED, and PASCHIM CONSTRUCTION PRIVATE LIMITED, and LILAC CONSTRUCTION PRIVATE LIMITED, and YELLOWVALLEY TRANSPORT PRIVATE LIMITED, with SINDHUR CONSTRUCTION PRIVATE LIMITED. YELLOWVALLEY TRANSPORT ) PRIVATE LIMITED, a company ) incorporated under the Companies Act, ) 1956 having its registered office at ) Somaiya Bhavan, 45/47, M. G. Road, Fort, ) Mumbai – 400 001 ) … Applicant Company.
Called for Summons for Direction
Mr. Rajesh Shah with Mr. Chandrakant Mhadeshwar i/b M/s. Rajesh Shah & Co., Advocate for the Applicant
Coram: G. S. Patel, J. Date: 28st February, 2014
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 31st day of January, 2014 of Mr. Mr. Naresh S. Khetan, Director
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of the Applicant Company, in support of the Company Summons for Direction and the exhibit therein referred to, IT IS ORDERED:-
(G. S. Patel, J)
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1 issue framed by the court
Whether a meeting of equity shareholders needs to be convened for approving a scheme of amalgamation where all shareholders have consented in writing.
1 provisions across 1 enactments
YELLOWVALLEY TRANSPORT PRIVATE LIMITED
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
