Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Feb 13, 2014

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https://sooperkanoon.com/case/1126631

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Citation: sooperkanoon.com/1126631
Court: Kolkata High Court
Judge: Nadira Patherya
Decided On: Feb 13, 2014
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Appellant

Respondent

Excerpt

.....at least twenty one clear days before the date of the meetings to be held as aforesaid an advertisement convening the said meetings and stating that the copies of the said scheme together with the copy of the statement required to be sent under section 393 of the companies act, 1956 and the prescribed form of proxy can be obtained free of charge at the registered office of the applicant companies or at the office of their advocate mr.rajesh singh of 10, kiran shankar roy road, 1st floor, calcutta-700001 be inserted once in business standard and dainik statesman in calcutta. the publication in the calcutta gazette is dispensed with. that advocate-on-record for the applicant companies do within 7 days (after obtaining an authenticated copy of this order) file in court the form of advertisement, the form of the notices and the statement to accompany the notice and the same shall be settled by the assistant registrar (company) of this court. that mr.shambhu mahato, advocate, bar association room no.2 and failing which mrs.krishna dey (kar).advocate, bar association room no.9 shall be the chairperson of the meeting of the shareholders of madhu projects private limited to be held at aforesaid at a remuneration of 300 gms.that mrs.krishna dey (kar) advocate, and failing which mr.shambhu mahato , advocate, shall be the chairperson of the meeting of the shareholders of r.k.plaza private limited to be held at aforesaid at a remuneration of 300 gms.that the chairpersons or any person(s) authorised by them do issue the advertisement and send out the notice of the meetings referred of above. the quorum for the meeting of the shareholders of the transferee company and the transferor company be fixed at 2 (two) persons present either in person or by proxy. that voting by proxy be permitted, provided that a proxy in the prescribed form only signed by the person(s) entitled to attend and to vote at the meeting, is filed with applicant companies at their respective registered.....

Full Judgment

COMPANY APPLICATION NO.92 OF 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the Matter of : MADHU PROJECTS PRIVATE LIMITED & ANR.

BEFORE : The Hon’ble JUSTICE PATHERYA Date : 13th February, 2014.

Appearance : Mr.Rajesh Singh, Advocate The Court : That a meeting of the Shareholders of Madhu Projects Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 27th day of March, 2014 at 4.00 p.m.for the purpose of considering and if thought fit approving with or without modification, the proposed Scheme of Amalgamation of R.K.Plaza Private Limited (hereinafter referred to as the Transferor Company) with Madhu Projects Private Limited (hereinafter referred to as the “Transferee Company”).That a meeting of the Shareholders of R.K.Plaza Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 27th day of March, 2014 at 4.30 p.m.for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation.

That at least 21 days before the day appointed for the meeting to be held as aforesaid, a notice convening the said meetings at the place and time as aforesaid together with a copy of the said Scheme of Amalgamation as also a copy of the statement required to be sent under section 393 of the Companies Act, 1956 and the prescribed form of proxy be served by Speed Post or by Courier by hand through Personal Messenger addressed to each of the Shareholders of all the applicant companies at their respective last known addresses.

That at least twenty one clear days before the date of the meetings to be held as aforesaid an advertisement convening the said meetings and stating that the copies of the said scheme together with the copy of the statement required to be sent under Section 393 of the Companies Act, 1956 and the prescribed form of proxy can be obtained free of charge at the registered office of the applicant companies or at the office of their Advocate Mr.Rajesh Singh of 10, Kiran Shankar Roy Road, 1st Floor, Calcutta-700001 be inserted once in Business Standard and Dainik Statesman in Calcutta.

The publication in the Calcutta Gazette is dispensed with.

That Advocate-on-Record for the Applicant Companies do within 7 days (after obtaining an authenticated copy of this order) file in Court the form of advertisement, the form of the notices and the statement to accompany the notice and the same shall be settled by the Assistant Registrar (Company) of this Court.

That Mr.Shambhu Mahato, Advocate, Bar Association Room No.2 and failing which MRS.Krishna Dey (Kar).Advocate, Bar Association Room No.9 shall be the Chairperson of the meeting of the Shareholders of Madhu Projects Private Limited to be held at aforesaid at a remuneration of 300 GMs.That MRS.Krishna Dey (Kar) Advocate, and failing which Mr.Shambhu Mahato , Advocate, shall be the Chairperson of the meeting of the Shareholders of R.K.Plaza Private Limited to be held at aforesaid at a remuneration of 300 GMs.That the Chairpersons or any person(s) authorised by them do issue the advertisement and send out the notice of the meetings referred of above.

The quorum for the meeting of the Shareholders of the Transferee Company and the Transferor Company be fixed at 2 (two) persons present either in person or by proxy.

That voting by proxy be permitted, provided that a proxy in the prescribed form only signed by the person(s) entitled to attend and to vote at the meeting, is filed with applicant companies at their respective registered offices not later than forty-eight hours before the said meeting(s).The Chairpersons shall have the power to adjourn the meeting(s).if necessary.

That the value of each member shall be in accordance with the respective books of applicant companies and where entries in the books are disputed, the Chairperson shall determine such value for the purposes of the meeting(s).That the Chairpersons do report to this Court, the results of the said meetings within seven weeks from the date of the conclusion of the meeting and his report shall be verified by their respective affidavits.

Summons be signed as of date.C.A.

No.92 of 2014 is accordingly disposed of without any order as to costs.

All parties to act on a signed photocopy of this order on the usual undertakings.

(PATHERYA, J.) TR/

Same Court & Year Kolkata · 2014 Same Parties Appellant vs Respondent Same Subject MRTP Same Judge Nadira Patherya