Kanth Solutions Pvt Ltd. v. Ors.

Delhi High Court · 08 May 2012 · 2012:DHC:9395
Manmohan
CO.APPL.(M) 85/2012
2012:DHC:9395
corporate appeal_allowed

AI Summary

The Delhi High Court allowed a Scheme of Arrangement without convening meetings of shareholders and creditors where unanimous consent was obtained and no objections or proceedings were pending.

Full Text
Translation output
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+ CO.APPL.(M) 8s/2012
IN THE MATTER OF:
KANTH SOLUTIONS PVT LTD. & ORS. ...'. APPIiCANTS
Through \zlr. Dilip Singh and Mr' Hemant
Singh, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
08.05.2012
This is a first motion joint Application under Sections 39I & 394 of the Companies Rct)gSO (for short 'Act'), in connection with the
SchemeofArrangement(forshort.Scheme').AcopyoftheScheme is filed along with the Application'
It is stated that the Registered Offices of the Applicant Companies are situated within the National Capital Territory of Delhi and within the jurisdiction of this Court'
Learned counsel for the Applicant Companies submits that no proceeding under Sections 235 to 25I of the Act is pending against the Applicant Companies as on the date of the present Application'
The proposed scheme has been approved by the Board of Directors of
Applicant ComPanies.
Status of the Shareholders, Secured and lJn-secured Creditors of the
2.
., J.
4.
2012:DHC:9395
Applicant Companies and the consents obtained from them for the proposed Scheme is clearly apparent from the chart given in the application which is as below:-
Company No. of
Share
Holders
Consent
Given
No. of
Secured
Creditors
Consent
Given
No. of
Un-secured
Creditors
Consent
Given
Transferor
Company
No.1
ORDER

09 All Nil N.A. Nil N.A. Company No.2.

09 All Nil N.A. Nir N.A. Company No.3

09 All Nil N.A. NiI N.A. Transferee Company

03 All Nir N.A. 05 All

6. A prayer has been made for dispensation of the requirement of convening meetings of Shareholders, Secured Creditors and Unsecured Creditors of the Applicant Companies'

7. In view of the above chart, the requirement of convening meetings of Shareholders, Secured Creditors and Un-secured Creditors of the Applicant Companies is dispensed with.

8. The Application stands allowed in the aforesaid terms. Order dasti. 'l r ll -rt MANMOMI[J;_ MAY 08,2012 dk