Ch. Mohd Sharief Tariq, Member - (1.) Under consideration are three Applications No. CA/145/CAA/CB/2017, CA/146/CAA/CB/2017 and CA/147/CAA/CB/2017 filed under Sections 230 to 232 of the Companies Act, 2013. Since all the three Applications are with regard to the single Scheme of Amalgamation and Arrangement, we take them together to pass a common order. CA/145/CAA/2017
(2.) In relation to the 1st Transferor company viz., M/s. Cherry International Trading Private Limited, there are three equity shareholders. The certificate of Chartered Accountant to the effect is placed at page 167 of the typed set of Application. The consent affidavits given by the above three shareholders are placed at pages 168 to 174 of the typed set of Application, wherein it has been deposed that they did support the Scheme and consent to dispense with convening, holding and conducting the meeting of equity shareholders. In the light of the affidavits placed on record, the requirement under law has been fulfilled. Therefore, we order to dispense with the meeting of the equity shareholders of the 1st Transferor company.
(3.) The 1st Transferor company has no secured creditors. The certificate of the Chartered Accountant to the effect is placed at page 159 of the typed set of Application. As far the unsecured creditors are concerned, 1st Transferor company has two unsecured creditor. The certificate of the Chartered Account is placed at page 160 of the typed set of Application. The consent affidavits given by the unsecured creditors are placed at pages 161 to 164 of the typed set of Application, wherein it has been deposed that they have no objection for the proposed Scheme and dispensing with the meeting of the creditors. In the light of the affidavits filed in respect of the unsecured creditors, the requirement under law has been fulfilled. Therefore, under clause (9) of the Section 230 of the Companies Act 2013, we order to dispense with the meeting of the unsecured creditors of the 1st Transferor company. CA/146/CAA/2017;