LAWS(ALL)-2004-4-255

IN RE: BHARAT EXPLOSIVES LTD. Vs. STATE

Decided On April 06, 2004
In Re: Bharat Explosives Ltd. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE present company application has been filed under Section 391(1) read with Section 394 of the Companies Act, 1956 by M/s. Bharat Explosives Limited, a Public Limited Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 9 K.M. Lalitpur Jhansi Road, Lalitpur -284403 (UP) (hereinafter referred to as 'the Transferee Company').

(2.) IT is, inter alia, prayed that the convening of meeting of the secured creditors of the Transferee Company meeting of the shareholders/members of the Transferee Company and the meeting of the unsecured creditors of the Transferee Company be dispensed with.

(3.) IT is, inter alia, stated in the company application that the Transferor Company was incorporated in Kolkata in the State of West Bengal on 9 -7 -1999 under the Companies Act, 1956 as a Private Limited Company; and that thereafter, the registered office of the Transferor Company was shifted from the State of West Bengal to the State of Uttar Pradesh; and that the change was duly conformed by the Company Law Board, E.R. Bench, Kolkata on 25 -7 -2003 in C.P. No. 243(17) ERB/2003, and the same was duly filed with the Registrar of Companies, U.P. and Uttaranchal at Kanpur, pursuant to the provisions of Section 18(3) of the Act.