K. Anantha Padmanabha Swamy, Member - (1.) Under Consideration is a joint Company Petition No. CA/108/CAA/2017 filed under section 230 of the Companies Act 2013, pertaining to the proposed Scheme of Amalgamation. M/s. Deedi Resorts Private Limited (Transferor Company) 1. The applicant company (Transferor Company) through this application has prayed for seeking directions (i) To dispense with the meeting of equity shareholders (ii) To dispense with the meeting of the secured creditor (iii) Convening and holding the meeting of unsecured creditors of the Applicant Company, fix the date, time, place, quorum and appointment of Chairman for the meeting and to fix his remuneration and to fix deadline for filing report about the outcome of the meeting by the Chairperson
(2.) In relation to the Transferor Company, M/s. Deedi Resorts Private Limited, there are 5 equity shareholders whose particulars are placed at page 174B in the typed set and the consent affidavits of all the shareholders are placed at Page 177 to 194. The requirement under law has been complied with. Therefore, holding of the meeting of the Equity shareholders of the Transferor Company is dispensed with.
(3.) There is only one secured creditor in the Transferor Company and in support of that, the applicant company has placed on record, a certificate issued by Shri P. Prabhakaran, Chartered Accountant at page 1 of the Typed Set II and the consent affidavit of the secured creditor is placed at Page 2 to 3 of Typed Set II. The requirement under law has been complied with. Therefore, holding of the meeting of the secured creditor of the Transferor Company is dispensed with.;