- (1.) This Application is filed on behalf of the Applicant Company under Section 230 and 232 of the Companies Act, 2013 read with Rule 3 of the Companies (Compromises, Arrangement and Amalgamation) Rules, 2016, praying to order for dispensing with convening of Meeting of Equity Shareholders or alternatively. direct the meeting of Equity shareholders of the Applicant Company be held. dispensing with convening of Meeting of Unsecured Creditors of the Applicant Company or alternative direct that the meeting of Unsecured Creditors be held and Dispensing with for convening of the Meetings of the Secured Creditors of the Applicant Company for considering the Scheme of Arrangement, where under the Pepperl and Fuchs (India) Private Limited (Applicant/Transferor Company) to be demerged into Transferee Company Pepperl and Fuchs Factory Automation Private Limited for purposes of considering the Scheme of Arrangement.
(2.) The averments made in the Company Application are briefly described hereunder:- "The Applicant seeks an order for dispensing with convening the Meeting of Equity Shareholders or in alternatively direct that the meeting of the Equity shareholders of the Applicant Company be held, dispensing with convening the Meeting of Unsecured Creditors of the Applicant Company or in alternatively direct that the meeting of the Unsecured Creditors of the Applicant Company be held for considering the Scheme of Arrangement of Applicant Company/Pepperl and Fuchs (India) Private Limited with the Pepperl and Fuchs Factory Automation Private Limited in terms of Scheme of Arrangement shown as Annexure-F."
(3.) The Applicant seeks an order for dispensing with convening of meeting of Secured Creditors of the Applicant Company for considering the Scheme of Arrangement of Applicant Company Pepperl and Fuchs (India) Private Limited with the Pepperl and Fuchs Factory Automation Private Limited in terms of Scheme of Arrangement shown as Annexure-F.;