- (1.) Under adjudication is a Company application CA/7/CAA/2017 that has been filed in the matter of the Scheme of Arrangement. Counsel for the applicant M/s. Luk India Private Limited (Transferor Company 2) stated that M/s. INA Bearings India Private Limited (Transferor Company 1) has its registered office at Pune, Maharashtra, and the Transferee Company, M/s. Schaeffler India Limited, has its Registered Office at Mumbai, Maharashtra. Hence, the applications in respect of Transferor Company 1 and the Transferee Company have been filed before the NCLT, Mumbai Bench. The present scheme is for the amalgamation of INA Bearings India Private Limited (Transferor 1 Company) and M/s. Luk India Private Limited (Transferor Company 2/Applicant Company with M/s. Schaefffler India Limited (Transferee Company) .
(2.) The Applicant Company, M/s. Luk India Private Limited (Transferor Company 2) through this application has prayed for seeking directions: a) dispensing with the convening and holding of the meeting of the Equity shareholders of the Transferor company 2 b) dispensing with the convening and holding of the meeting of the Unsecured Creditors of the Transferor company 2 c) to give appropriate directions for issuing notices to the statutory authorities d) dispensing with the publication of notice of the meeting of the Equity shareholders and Unsecured creditors of the Transferor Company 2 e) To fix the date for filing the Company Petition by Transferor Company 2 M/s. Luk India Private Limited (Transferor Company 2)
(3.) There are two Equity Shareholders in the Transferor Company 2 whose particulars are placed at page 111 in the typed set, certified by Shri Kaushal Shah, Company Secretary of the Transferor Company 2 and endorsed by M/s. K C Mehta & Co. Chartered Accountants, and they have given their consent to the said scheme of amalgamation by way of consent affidavits, which are placed from Pages 112 to 120 in the typed set (Vol.1) . Hence, holding of the meeting of the Equity Shareholders of the Transferor Company 2 is dispensed with.;