SRIYAM IMPEX PVT LTD Vs. ESTER INDUSTRIES LTD

JUDGEMENT

(1.) UPON the application of the Company "M/s Sriyam Impex Private Limited" (from hereinafter referred to as the "Transferor Company") having its registered Office at Sohan Nagar, Post Office -Charubeta, Khatima -262308, District Udham Singh Nagar, Uttarakhand, seeking amalgamation under Chapter V of the Companies Act, 1956 with M/s Ester Industries Limited, in accordance with the Scheme of Amalgamation, annexed as Annexure No. A to the Company Application No. 5 of 2013, and upon hearing on a Company Application No. 04 of 2013, this Court vide order dated 8th August, 2013 ordered the Transferor Company to convene the meeting of Equity Shareholders as well as of Unsecured Creditors of the Applicant/Transferor Company and a separate meeting of the Equity Shareholders, Secured Creditors and Unsecured Creditors of Applicant/Transferor Company. The said meeting was convened on 30th September, 2013.

(2.) THIS Court had appointed the following as Chairman and Alternate Chairman for the meetings: -

(3.) SUBSEQUENTLY , notice of the meeting along with copy of the Scheme of Amalgamation, Explanatory Statement of the terms of the arrangement under Section 393 of the Companies Act, 1956 were sent individually, by post/e -mails to all the equity -shareholders and to all the unsecured creditors of the Applicant/Transferor Company and to all equity shareholders, unsecured creditors and the secured creditors of the Applicant/Transferee Company.