Bikki Raveendra Babu, Member - (1.) These petitions under Sections 230 to 232 of the Companies Act, 2013 have been filed seeking sanction of a proposed Scheme of Arrangement in the nature of demerger and transfer of KPO Business Undertaking of QX KPO Services Private Limited (Demerged Company) into Stuti Corporate Services Private Limited (Resulting Company) ("the Scheme" for short).
(2.) The petitioner of T.P. No. 57 of 2017, i.e. QX KPO Services Private Limited, had filed an application before the Hon'ble High Court of Gujarat, being Company Application No. 495 of 2016, seeking dispensation of the meetings of Equity Shareholders and Unsecured Creditors of the said Company. It was reported that there were no secured creditors in the petitioner company. The Honourable High Court, vide order dated 28th November 2016, dispensed with the convening and holding of the meetings of the Equity Shareholders and Unsecured Creditors of the petitioner company in view of the consent letters given by the Equity Shareholders and Unsecured Creditors of the petitioner company.
(3.) The petitioner of T.P. No. 58 of 2017, i.e. Stuti Corporate Services Private Limited, had filed an application in the Honourable High Court of Gujarat, being Company Application No. 496 of 2016, seeking dispensation of the meeting of Equity Shareholders of the said Company. The Honourable High Court, vide order dated 28th November 2016, dispensed with the convening and holding of the meeting of equity shareholders of the petitioner Resulting Company in view of the consent letters given by all the equity shareholders. In that order, the Honourable High Court observed that the applicant being Resulting Company, the meeting of the creditors is not required to be held.;