Tarun Agarwala, J. - (1.) A joint application has been filed by the Amar Ujala Prakashan Ltd. having its registered office at 19, Civil Lines, Bareilly (herainafter referred to as the Transferor Company) seeking amalgamation under Chapter V of the Companies Act, 1956, with Amar Ujala Publications Ltd. having its registered office at Guru Ka Tal, Agra- Mathura Road, Agra (hereinafter referred to as the Transferee Company) in accordance with the scheme of amalgamation annexed as Annexure A-1 to this company petition.
(2.) On hearing the company application No. 17 of 2003, this Court on 15.7.2003 dispensed with the meeting of the shareholders of the aforesaid transferor company and the transferee company, since the of both the companies had given their affidavits separately giving their consent to the proposed scheme of amalgamation. The court vide order of the same date ordered the transferor and the transferee company to convene a meeting of their creditors for the purpose of considering, and, if thought fit, for approving with or without modification, the proposed scheme of amalgamation. The court appointed Sri Dinesh Kakkar, Advocate as the Chairman and Sri Anjani Kumar Mishra Advocate as the alternate Chairman for convening the meeting of the creditors of the transferor company. The court further appointed Sri Shambhu Chopra, Advocate as the Chairman and Sri Alok. Kumar Yadav, Advocate as the alternate Chairman for convening the meeting of the creditors of the transferee company. The Chairman was directed to issue the advertisement and to send out the notices of the meeting of the creditors of both the Companies.
(3.) The notices of the Chairman for holding the meeting of the, transferor company was published in the newspaper "Hindustan Times" published in English from Lucknow and "Amar Ujala" published in Hindi from Lucknow on 6.8.2003 and 5.8.2003 respectively. Separate notices for convening the meeting of the creditors of the transferor company together with the scheme of amalgamation, explanatory statement and prescribed proxy form by prepaid letter post under certificate of posting was sent to the creditors on 5.8.2003. The Chairman has filed his affidavit of service on 8.9.2003 as required under Rule 76 of the Companies Court (Rules) 1959.;