IN RE: KHATRI ESSENCE (P.) LTD. Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 391, read with Section 394, of the Companies Act, 1956 seeking sanction for the scheme of amalgamation between the transferor -company, i.e., Khatri Real Estate Pvt. Ltd. having its registered office at 14/122(A), Jyotirmani, 2nd Floor, M.G. Road, Kanpur -208 001 with the transferee -company i.e. Khatri Essence Pvt. Ltd. having its registered office situate at 14/122(A), Jyotirmani, 2nd Floor, M.G. Road, Kanpur - 208 001. The scheme of merger, which is sought, is appended as Annexure -1 to the petition. On 1 -4 -2001, this Court had passed an order dispensing with the meetings of the shareholders and creditors of the transferee -company and the nine -transferor -companies as the applications were supported with the affidavits of the shareholders and creditors in support of the scheme of amalgamation.

(2.) SUBSEQUENTLY , on 6 -4 -2009 this petition for confirmation was filed and the Court by its order dated 8 -4 -2009 directed the publication of the advertisement in two Newspapers 'Amar Ujala 'Published from Kanpur in Hindi and 'Pioneer' Published from Kanpur in English indicating that the matter would be heard on 13 -5 -2009.

(3.) THE advertisement was duly published on 21 -4 -2009. In both the notices copies of which have been placed on record by counsel and the Official Liquidator and the Regional Director of Company Affairs was also served.