AI Structured Summary
Not yet generated for this judgment
Judgment
Sl.
No.","Name of Applicant
Companies","Equity
Shareholders
(Nos)","Preference
Shareholders
(Nos)","Secured
Creditors
(Nos)","Unsecured
Creditors
(Nos)
1,"Century VisionÂ
Private
Limited",8,Nil,Nil,26
2,"Babbu Commercials
Private Limited",5,Nil,Nil,2
3,"Durable Ispat & Alloys
Private Limited",3,Nil,Nil,3
4,"Radice Steels & Alloys
Limited",35,Nil,Nil,Nil
5,"Sun Star Business
Private Limited",5,Nil,Nil,1
vii. Ms. Aindrila Basu, Advocate (Mobile No. 7044391808) is hereby appointed by this Tribunal as the Chairperson for the meeting of Equity",,,,,
Shareholders of the Company at a consolidated remuneration of Rs.75,000/- (Rupees Seventy Five Thousand Only).",,,,,
viii. Ms. Madhuri Pandey, Practising Company Secretary, (Mobile No. 9674518556) is hereby appointed by this Tribunal as the Scrutinizer for",,,,,
the meeting of Equity Shareholders of the Company at a consolidated remuneration of Rs.60,000/- (Rupees Sixty Thousand Only).",,,,,
ix. The quorum for the said meeting of persons entitled to attend the same shall be determined in accordance with Section 103 of the Companies Act,",,,,,
2013. For the meeting, only attendance of such persons physically at the venue shall be counted for quorum. In case the quorum is not present within",,,,,
half an hour from the time appointed for the meeting, the Chairperson may adjourn such meeting to any date/time and take a decision on the quorum",,,,,
for the adjourned meeting.,,,,,
x. At the venue of the meeting held physically, voting shall be conducted physically by polling paper, shall be in accordance with the Companies",,,,,
(Management & Administration) Rules, 2014 and the forms thereunder shall be followed with such variations as required in the circumstances and in",,,,,
relation to the resolution for approval of the Scheme.,,,,,
xi. The cut off date for determining the eligibility to vote and value of votes shall be 10th March,2022 for the meeting of shareholders. The value of the",,,,,
votes cast shall be reckoned and scrutinized with reference to the said dates.,,,,,
xii. A person, including a Body Corporate, entitled to attend and vote at the venue of a meeting, as aforesaid, may do so personally or by proxy,",,,,,
provided the proxies in the prescribed form duly signed by such person and/or the certified copy of resolution of the Board of Directors or other,,,,,
governing body of such person, where it is a Body Corporate, authorising its representative to attend and vote at such meeting on its behalf, as the",,,,,
case may be, is deposited at the registered office of the concerned Applicant Company not later than 48 (forty eight) hours before the time for holding",,,,,
such meeting.,,,,,
xiii. That the Chairperson appointed for the said meeting or any person authorised by the Chairperson do issue and send the notices of the aforesaid,,,,,
meeting.,,,,,
xiv. The votes cast shall be Scrutinised by the Scrutinizer. The Scrutinizer shall prepare and submit the respective reports on the meeting along with all,,,,,
papers relating to the voting to the Chairperson of the meeting within 3 days of the conclusion of the meeting. The Chairperson shall declare the,,,,,
results of the meetings after submission of the reports of the Scrutinizer.,,,,,
xv. The value of each shareholder shall be in accordance with the books and records of the Applicant and, where entries in the books are disputed, the",,,,,
chairperson shall determine the value for purposes of the said meeting.,,,,,
xvi. The resolution for approval of the Scheme of Amalgamation put to a meeting shall, if passed by a majority in number representing three-fourths in",,,,,
value of the shareholders present casting their votes, as aforesaid, shall be deemed to have been duly passed on the date of such meeting under",,,,,
Section 230(1) read with Section 232(1) of the Companies Act, 2013.",,,,,
xvii. The Chairperson do report to this Tribunal the results of the said meeting within four weeks from the date of the conclusion of the said meeting.,,,,,
Such report shall be in Form No. CAA4 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, verified by affidavit.",,,,,
xviii. Notice under Section 230(5) of the Companies Act, 2013 along with all accompanying documents, including a copy of the aforesaid Scheme and",,,,,
statement under the provisions of the Companies Act, 2013 shall also be served on the Regional Director, Eastern Region, Ministry of Corporate",,,,,
Affairs, Kolkata; Registrar of Companies with whom the Applicants are registered; Official Liquidator; Reserve Bank of India, Kolkata; and Income",,,,,
Tax Department having jurisdiction over the Applicants, by sending the same by hand delivery through special messenger or by post or by email",,,,,
forthwith after the notices are sent to the shareholders, as aforesaid. The notice shall specify that representation, if any, should be filed before this",,,,,
Tribunal within 30 days from the date of receipt of the notice with a copy of such representation being simultaneously sent to the Authorised,,,,,
Representative of the said Applicants. If no such representation is received by the Tribunal within such period, it shall be presumed that such",,,,,
authorities have no representation to make on the said Scheme of Amalgamation. Such notice shall be sent pursuant to Section 230(5) of the,,,,,
Companies Act, 2013 read with Rule 8(2) of the Companies (Compromises, Arrangements and Amalgamations) Rules 2016 in Form No. CAA3 of",,,,,
the said Rules with necessary variations, incorporating the directions herein.",,,,,
xix. The counsel on record/ authorised representative to file an affidavit proving service of notices of meetings and publication of advertisement and,,,,,
compliance of all directions contained herein at least a week before the meetings to be held.,,,,,
The application being Company Application (CAA) No. 213/(KB)/2021 is disposed of accordingly.,,,,,
Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.",,,,,