LAWS(NCLT)-2017-7-532

IN RE Vs. HELIOS RESEARCH PRIVATE LIMITED

Decided On July 20, 2017
IN RE Appellant
V/S
HELIOS RESEARCH PRIVATE LIMITED Respondents

JUDGEMENT

(1.) Upon the application of the Applicant Company AND UPON HEARING Mr. Ajay Anil Thorat, Practicing Company Secretary for the Applicant Company AND UPON READING the Company Summons for Directions, the Affidavit dated 5th April, 2016 and the board resolution passed at the meeting of the Board of Directors of the Applicant Company held on 21st December, 2015 approving the scheme of amalgamation of the Titanium Properties Private Limited - Transferee Company (CIN No. U45400MH2007PTC171451) AND Esteem Equitrades Private Limited - Transferor Company (CIN No. U67120MH2007PTC171449) AND Kelios Research Private Limited - Transferor Company (CIN No. U74130MH2004PTC149303) as already filed with the Tribunal on 17th February, 2017.

(2.) That it is stated in the Certificate of the Company Secretary; vide Exhibit A that there are only two equity shareholders of The Applicant Company as on 31st March 2017. The Applicant Company requested this Tribunal to give necessary directions for holding the meeting of Equity Shareholders for the purpose of considering and, if thought fit, approving the scheme with or without modification(s). Hence, The Applicant Company shall hold the meeting of Equity Shareholders as per the directions to follow in this order.

(3.) That it is stated in the Certificate of the Company Secretary, vide Exhibit A that there are no secured creditors. Hence, there is no need for The Applicant Company to hold the meeting of secured creditors for the purpose of considering and, if thought fit, approving the scheme with or without modification(s).