S.P. Mehrotra, J. - (1.) THE present Company Application by summons, as provided under Rule 67 of the Companies (Court) Rules, 1959, has been filed under Sections 391 to 394 of the Companies Act, 1956 by Upper Ganges Sugar & Industries Limited, having its Registered Office at Post Office Seohara (PIN Code 246 746), District -Bijnor in the State of Uttar Pradesh. The said Company has hereinafter also been referred to as "the Applicant -Company".
(2.) IT appears that a Scheme of Arrangement is proposed to be made between New India Sugar Mills Limited having its Registered Office at 9/1, R.N. Mukherjee Road, Kolkata -700001 and the Applicant - Company (i.e., Upper Ganges Sugar & Industries Limited) and their respective Shareholders. Copy of the proposed Scheme' of Arrangement has been filed as Annexure -A to the affidavit accompanying the Company Application, and appears at page 27 of the Paper Book of the Company Application. It is, inter alia prayed in the Company Application that a meeting of the Equity Shareholders of the Applicant -Company be held for the purpose of considering, and if thought fit, approving with or without modification the proposed Scheme of
(3.) THE Company Application is supported by an affidavit of Santosh Kumar Poddar, stated to be the Secretary of the Applicant - Company, sworn on 8.4,2005 -;