IN RE Vs. EASTERN FINANCIERS LIMITED AND ORS

JUDGEMENT

(1.) This is an application filed by the Applicants namely Eastern Financiers Limited (for brevity Transferee Company/Applicant Company No. 1) and Active Distributors Private Limited (for brevity Transferor Company/Applicant Company No. 2) under section 230 to 232 of the Companies Act, 2013 and other applicable provisions of the Companies Act, 2013 (for brevity the Act) read with the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (for brevity Rules) in relation to the Scheme of Arrangement/Amalgamation (hereinafter referred to as "Scheme") proposed between the Applicants and the said Scheme is also annexed as Annexure 'C to the application. The Applicants have preferred instant joint application for the following purposes as is evident from the relief sought for in the application namely:-

(2.) That the Hon'ble Tribunal pass order for dispensing the meeting of Shareholders of all the Applicant Companies as the Shareholders of the Applicant Companies have given their written consent for adopting the Scheme of Amalgamation without modification with request to the bench for dispensing the said meeting.

(3.) That the Hon'ble Tribunal pass order for dispensing the meeting of secured creditors of all the Transferee Company as the said secured creditors have given their written consent for adopting the Scheme of Amalgamation without modification with request to the bench for dispensing the said meeting.