LAWS(NCLT)-2017-2-28

IN RE Vs. RATTAN INDIA SOLAR 3 LTD

Decided On February 08, 2017
IN RE Appellant
V/S
RATTAN INDIA SOLAR 3 LTD Respondents

JUDGEMENT

(1.) Vide this Petition under section 14(1) of the Companies Act 2013, M/s. Rattanlndia Solar 3 Ltd. (hereinafter called the Company) CIN No. U40300DL2008PLC180514 prays for conversion of its status from a Public Company to a Private one.

(2.) The petitioner Company is stated to be a closely held with seven shareholders. Its fund requirements are primarily met by its shareholders and it does not intend to raise any funds from the public. Under such circumstances, with a view to do away with the onerous compliances required from a public limited company, a decision was taken by the Board of Directors on 05.08.2016 for converting its status to a Private Company. Notice was issued for circulating the Agenda alongwith the explanatory note for holding the EGM on 02.09.2016.

(3.) Necessary steps for altering the Company's Articles of Association and Memorandum of Association were also initiated. Subsequently, the Company in its Extra Ordinary General Meeting held on 02.09.2016, unanimously resolved to convert the Company into a Private Limited Company and the name of the Company was proposed to be changed from "M/s. Rattanlndia Solar 3 Ltd." to "M/s. M/s. Rattanlndia Solar 3 Private Limited" subject to approval of this Tribunal.