LAWS(NCLT)-2017-11-104

IN RE Vs. KUNKEL WAGNER (INDIA) PVT LTD

Decided On November 09, 2017
IN RE Appellant
V/S
GENTEX MERCHANTS PRIVATE LIMITED AND ORS Respondents

JUDGEMENT

(1.) Upon the application of the Applicant Company above named by a Company Notice of Admission AND UPON HEARING Advocate Ms. Mona Bhide instructed by DAVE & GIRISH &, CO., Advocates for the Applicant Company, AND UPON READING the Application along with Notice of Admission dated 31" day of March, 2017 of Mr. Surya Prakash Kanodia, Director of the Applicant Company, in support of Notice of Admission along with Application and the exhibits therein referred to, IT IS ORDERED THAT:

(2.) At least 30 days before the said meeting of the Equity Shareholders of the Applicant Company to be held as aforesaid, a notice convening the said meeting at the place, day, date and time as aforesaid, together with a copy of the scheme, a copy of the Explanatory Statement disclosing all material facts as required to be sent under section 230(3) of the Companies Act 2013 read with Rule 6 of the Companies (Compromises, Arrangements and Amalgamations) rules, 2016 notified on 14th December 2016 and the prescribed form of proxy, shall be sent by courier / registered post / speed post or through Email (to those shareholders whose email addresses are duly registered with the Applicant Company for the purpose of receiving such notices by email), addressed to each of the Equity Shareholders of the Applicant Company, at their last known address or email addresses as per the records of the Applicant Company.

(3.) At least 30 days before the meeting of the Equity Shareholders of the Applicant Company to be held as aforesaid a notice convening the said meeting, indicating the place, date and time of meeting as aforesaid be published in the manner stated below and stating therein that copies of the scheme and the Explanatory Statement required to be furnished pursuant to section 230(3) of the Companies Act 2013 read with Rule 6 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 and the form of proxy can be obtained free of charge at the registered office of the Applicant Company as aforesaid and/or at the office of its advocates, DAVE & GIRISH & CO., 1st floor Sethna Building, Maharishi Karve Road, Mumbai - 400002.