Ashford Estates Pvt. Ltd. v. -
Case brief
What is this about?
The High Court dispensed with the need to convene meetings of the applicant company's equity shareholders, secured creditors (none existing), and unsecured creditors for considering the proposed scheme of amalgamation due to consolidated and respective consents obtained.
What the court decided
A compact analysis
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY SUMMONS FOR DIRECTION NO. 232 OF 2015
In the matter of Companies Act, 1956, (1 of 1956);
AND
In the matter of Sections 391 to 394 of the Companies Act, 1956 read with Section 100 to 103 of the Companies Act, 1956;
AND
In the matter of Scheme of Amalgamation of Ashford Estates Private Limited with WMI Real Estate Developers Private Limited and their respective Shareholders and Creditors
Ashford Estates Private ) Limited , a Company ) incorporated under the ) Companies Act, 1956 and having its Registered Office ) at 10, Ashford Centre, ) Shankarrao Naram Path, Opp. Peninsula Corporate ) Park, Lower Parel, Mumbai ) ……Applicant Company 400013.
Called Summons for Directions for Hearing
Issues for consideration
2 issues framed by the court
Whether a meeting of equity shareholders is required to consider the scheme of amalgamation when consolidated consent is obtained.
Whether a meeting of secured creditors is required when the company has no secured creditors.
Parties & counsel
- applicant
Ashford Estates Private Limited
Coram
S. J. Kathawalla
Case details
As recorded by the court registry
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