JUDGEMENT
Ch. Mohd Sharief Tariq, Member -
(1.) Under consideration are three Applications filed under Sections 230 to 232 of the Companies Act, 2013. The prayer made in these Applications are to dispense with convening, holding and conducting of the meeting of equity shareholders of the 1st Transferor company, the 2nd Transferor company and the Transferee company and dispensing with meeting of the unsecured creditors in relation to the 1st Transferor company and the Transferee company. All the three applications pertain to the same Scheme. Therefore, we take all the three Applications together for disposal.
(2.) The 1st Transferor company viz., M/s. SPI Aviation Services Pvt. Ltd., (CA/125/CAA/2017) has two equity shareholders. The certificate of Chartered Accountant to the effect is placed at page 151 of the typed set of Application. The consent affidavits given by the two shareholders are placed at pages 153 to 156, wherein it has been deposed that they do support the Scheme and consent to dispense with convening, holding and conducting the meeting of equity shareholders. Therefore, we order to dispense with the meeting of the equity shareholders of the 1st Transferor company.
There is no secured creditor, but there are two unsecured creditors who have given their consent affidavits. Therefore, we order to dispense with the meeting of the unsecured creditors also.
(3.) In relation to the 2nd Transferor company viz., M/s. Trans India Power Pvt. Ltd., (CA/126/CAA/2017), there are two equity shareholders. The certificate of Chartered Accountant to the effect is placed at page 168 of the typed set of Application. The consent affidavits given by the two shareholders are placed at pages 170 to 173, wherein it has been deposed that they do support the Scheme and consent to dispense with convening, holding and conducting the meeting of equity shareholders. Therefore, we order to dispense with the meeting of the equity shareholders. There are neither secured nor unsecured creditors.;
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