IN RE Vs. SATTVA DEVELOPERS PRIVATE LIMITED
LAWS(NCLT)-2017-12-471
NATIONAL COMPANY LAW TRIBUNAL
Decided on December 14,2017

IN RE Appellant
VERSUS
Sattva Developers Private Limited Respondents

JUDGEMENT

V. P. Singh, Member - (1.) The instant joint application filed under section 230(1) and 232(1) of the Companies Act, 2013 read with read with Rule 153 of the National Company Law Tribunal Rules, 2016 filed by the Applicants. 1.The learned advocate submitted : (i) That by an order dated 04th December,2017 passed by the Hon'ble Tribunal in the Company Application No CA.(CAA) 470/KB/2017 directed the meeting of equity shareholders and unsecured creditors of the applicant Companies and secured creditors of the Transferee Company to be convened and held on Monday 15th January, 2017 at die venuew mentioned in the order . (ii) That upon consultation with the Chairperson and the time lag involved in preparation and dispatch of Notice cannot be met and therefore enlargement of time be sought from the bench to convene and hold the meeting and also at the same time seek change in the venue and time of holding such meeting.
(2.) Heard the learned Advocate, of the applicants / petitioner, perused the records documents annexed to the application and affidavits filed in die instant proceedings and after hearing the submissions made on behalf of the applicants, die following orders are passed herein by this Tribunal. 1. That the date, time and venue of meeting of equity shareholders of the Transferee Company stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 11.00 A.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 2. That the date, time and venue of meeting of equity shareholders of the Transferor Company No.1 stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 11.30 A.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 3. That the date, time and venue of meeting of equity shareholders of the Transferor Company No 2 stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 12.00 Noon at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 4. That the date, time and venue of meeting of equity shareholders of the Transferor Company No 3 stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 12.30 P.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 5. That the date, time and venue of meeting of Secured Creditors of the Transferee Company stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 2.00 P.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 6. That the date, time and venue of meeting of unsecured creditors of the Transferee Company stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 2.45P.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 7. That the date, time and venue of meeting of unsecured creditors of the Transferor Company No 1 stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 4.00 P.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification die proposed Scheme of Amalgamation. 8. That the date, time and venue of meeting of unsecured creditors of the Transferor Company No 2 stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 4.30 P.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or without modification the proposed Scheme of Amalgamation. 9. That the date, time and venue of meeting of unsecured creditors of the Transferor Company No 3 stands shifted and shall now be convened and held on Thursday 25th January, 2018 at 5.00P.M at MERLIN CAMBRIDGE, COMMUNITY HALL, 24 PRINCE ANWAR SHAH ROAD, KOLKATA - 700033 for the purpose of considering and if thought, approving with or witiiout modification the proposed Scheme of Amalgamation. 10. That at least 30 clear days before the date of the said meetings of the equity shareholders and unsecured creditors of die Transferee Company, an advertisement convening the same and stating that copies of die Scheme of Amalgamation and the statement containing necessary details required to be furnished pursuant to section 230 of the Companies Act, 2013 read with Companies (Compromises, Arrangements & Amalgamations) Rules, 2016 and prescribed form of proxy can be obtained free of charge at the Registered office of the respective Petitioner Companies, be inserted once in the English newspaper "ECONOMIC TIMES", Kolkata edition and in Bengali newspaper "AajKal" as per requirements of section 230 of the Companies Act, 2013 in Form No CAA2 of die Companies (Compromises, Arrangements & Amalgamations) Rules, 2016. 11. That all other directions contained in the order dated 04th December, 2017 shall continue to operate . 12. The prayer stands allowed and the applications being C.A. (CAA) No. 545/(KB) /2017 is disposed of accordingly.
(3.) Urgent certified copies of this order, if applied for, be supplied to die parties upon compliance of all requisite formalities.;


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