IN RE Vs. SBJ EXPORTS & MFG PVT LTD
LAWS(NCLT)-2017-7-421
NATIONAL COMPANY LAW TRIBUNAL
Decided on July 31,2017

IN RE Appellant
VERSUS
ADANI HAZIRA PORT PRIVATE LIMITED AND ORS Respondents

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 Hazira 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. 50/NCLT/AHM/2017, i.e., Adani Hazira Port Private Limited, had filed an application before this Tribunal, being CA(CAA) No. 23/NCLT/AHM/2017, for dispensing with the convening of meeting of the Equity Shareholders of the Petitioner Company and for requisite directions for holding and convening meeting of the 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 meeting of the Unsecured Creditors of the said Company. This Tribunal further noted that there were no Secured Creditors of the said Company as on 28.3.2017.
(3.) The Petitioner of the C.P. (CAA) No. 51/NCLT/AHM/2017, i.e., The Adani Harbour Services Private Limited, had filed an application before this Tribunal, being CA(CAA) 24/NCLT/AHM/2017, for dispensing with the 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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