- (1.) This Company Application is filed on behalf of the Applicant Company, praying to order to dispense with the convening of the separate meeting(s) of the Equity Shareholders, Preference Shareholder, Secured Creditor and Unsecured Creditors of the Applicant/Transferor Company for approving the Scheme of Arrangement, where under the Transferor Company MAGNA WAREHOUSING AND DISTRIBUTION PRIVATE LIMITED is proposed to be merged with Transferee Company CHALET HOTELS PRIVATE LIMITED for purposes of considering the Scheme of Arrangement etc.
(2.) This Application is coming up for orders this day, the Tribunal made the following orders:- "The averments made in the Company Application are briefly described hereunder:- The Applicant seeks an order to dispense with convening of separate meeting(s) of the Equity Shareholders, Preference Shareholder, Secured Creditor and Unsecured Creditors of the Applicant/Transferor Company for approving the Scheme of Arrangement where under MAGNA WAREHOUSING AND DISTRIBUTION PRIVATE LIMITED is proposed to be merged with Transferee Company CHALET HOTELS PRIVATE LIMITED in terms of Scheme of Arrangement shown as Annexure R."
(3.) It is further averred in the Company Application that the Applicant Company was incorporated as a private company under the name and style of MAGNA WAREHOUSING AND DISTRIBUTION PRIVATE LIMITED on 16th September, 2005 in the State of Maharashtra. Subsequently Company shifted its registered office to the State of Karnataka on 25th June, 2005 and obtained fresh Certificate of Incorporation from the Registrar of Companies, Karnataka bearing CIN No. U60232KA2005PTC054207.;