JUDGEMENT
Bikki Raveendra Babu, Member -
(1.) By these petitions under Section 230 - 232 of the Companies Act, 2013, the Petitioner Companies are seeking sanction of the Scheme of Arrangement between Adani Petronet (Dahej) Port Private Limited and The Adani Harbour Services Private Limited and their respective shareholders and creditors (Scheme).
(2.) The Petitioner of the C.P. (CAA) No. 52/NCLT/AHM/2017, i.e., Adani Petronet (Dahej) Port Private Limited, had filed an application before this Tribunal, being CA(CAA) No. 25/NCLT/AHM/2017, for dispensing with the convening of the meeting of the Equity Shareholders of the Petitioner Company and for requisite directions for holding and convening separate meetings of Secured Creditors and Unsecured Creditors of the said Company. This Tribunal, vide its order dated 18.4.2017, inter alia, dispensed with the meeting of the Equity Shareholders based on the consent affidavits given by all the Equity Shareholders of the said Petitioner Company and further directed convening and holding of the meetings of the Secured Creditors and the Unsecured Creditors of the said Company.
(3.) The Petitioner of the C.P. (CAA) No. 53/NCLT/AHM/2017, i.e., The Adani Harbour Services Private Limited, had filed an application before this Tribunal, being CA(CAA) 26/NCLT/AHM/2017, for dispensing with convening and holding of meeting of the Equity Shareholders of the Petitioner Company. This Tribunal vide its order dated 18.4.2017, inter alia, dispensed with the meeting of the Equity Shareholders based on the consent affidavits given by all the Equity Shareholders of the said Petitioner Company. This Tribunal further noted that there were no Secured Creditors or Unsecured Creditors of the said Company as on 28.3.2017.;
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