IN RE Vs. COFFEE DAY ENTERPRISES LIMITED

JUDGEMENT

(1.) This Application is filed on behalf of the Applicant Company under Section 391 of the Companies Act. 1956 read with Rule 9 of the Companies (Court) Rules, 1959. praying to order for convening the Meeting of Shareholders of the Applicant Company and dispensing with convening of the meetings of the Secured and Unsecured Creditors of the Applicant Company for approving the Scheme of Amalgamation, whereunder the Coffee Day Overseas Private Limited (Transferor Company) to be merged with the Applicant Company Coffee Day Enterprises Limited (Transferee Company) for purposes of considering the Scheme of Amalgamation etc.,

(2.) This Application was originally filed before the Honourable High Court of Karnataka and was numbered as CA No. 739/16. Consequent upon the Notification No. 1119E dated 7th December, 2016 by Ministry of Corporate Affairs, Government of India the said Company Application was transferred to this Tribunal and renumbered as T.P. No. 266/17.

(3.) The averments made in the Company Application are briefly described hereunder:-