LAWS(NCLT)-2017-11-351

IN RE Vs. AKSI WHOLESALERS PRIVATE LIMITED

Decided On November 08, 2017
IN RE Appellant
V/S
AKSI WHOLESALERS PRIVATE LIMITED Respondents

JUDGEMENT

(1.) A meeting of the Equity Shareholders of the Applicant Company be convened and held at Flat No. 605, D wing, Bldg No. 2, N G Suncity Phase II CHS Ltd., Thakur Village, Kandivali (E) Mumbai MH 400101, on Tuesday, 19th December, 2017 at 2.00 p.m., for the purpose of considering and, if thought fit, approving, with or without modification(s) , the proposed Scheme of Amalgamation Between Aksi Wholesalers Private Limited ("Transferor Company No. 1") and Barkha Enterprises Private Limited ("Transferor Company No. 2") and Blessings Mercantile Private Limited ("Transferor Company No. 3") and Bright Home Retail Private Limited ("Transferor Company No. 4") and Fresh And Fine Traders Private Limited ("Transferor Company No. 5") and Gauged Trading Private Limited ("Transferor Company No. 6") and HSR Wholesale & Retail Private Limited ("Transferor Company No. 7") and Jalbhushan Multitrade Private Limited ("Transferor Company No. 8") and Laxman Logistics Private Limited ("Transferor Company No. 9") and Nuzone Ecommerce Private Limited ("Transferor Company No. 10") and Prasoon Traders Private Limited ("Transferor Company No. 11") and Sanavi Multitrading Private Limited ("Transferor Company No. 12" or "the Applicant Company") and THPL Wholesalers & Consolidators Private Limited ("Transferor Company No. 13") and Topller Traders Private Limited ("Transferor Company No. 14") and Ucchal Traders Private Limited ("Transferor Company No. 15") and Kyal Trading Private Limited ("Transferee Company") and Their Respective Shareholders.

(2.) At least 30 clear 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 aforesaid, together with a copy of the Scheme, a copy of the Explanatory Statement required to be sent under Section 230 of the Companies Act, 2013 and the prescribed Form of Proxy, shall be sent by Registered Post or by Air Mail or by courier or by speed post or by hand delivery to each of the Equity Shareholders of the Applicant Company at their respective registered or last known addresses or by e-mail to the registered e-mail address of the Equity Shareholders as per the records of the Applicant Company.

(3.) At least 30 clear days before the Meeting of the Equity Shareholders of the Applicant Company to be held as aforesaid, a notice convening the said meeting, at the place, date and time aforesaid and stating that copies of the Scheme of Amalgamation and the statement required to be furnished pursuant to Section 230 of the Companies Act, 2013 and that the form of Proxy can be obtained free of charge at the Registered Office of the Applicant Company as aforesaid and shall also be published once each in 'Free Press Journal' in English and 'Navshakti' in Marathi.