IN RE Vs. PEACHWOODS INFRA COM PVT LTD

JUDGEMENT

(1.) Heard learned Advocate Ms. Dharmishta Raval for Raval & Raval Advocate.

(2.) Peachwood Infra Com Private Ltd., (Applicant Amalgamating Company 2) has filed this application seeking dispensation of the meeting of the equity shareholders, Preference shareholders the secured creditors and unsecured i creditors in respect of a composite scheme of amalgamation between DharnidharCotex Private Limited (Amalgamating Company-1) And Peachwoods Infra Com Private Limited (Amalgamating Company-2) and Satyaprabhu Infrastructure Private Limited (Amalgamating Company-3) And Shankheshwar Spinners Private Limited (Amalgamating Company-4) And Spring Valley Organisers Private Limited (Amalgamating Company-5) and Teracon Projects Private Limited (Amalgamating Company-6) and Vipul Forms and Graphics Private Limited (Amalgamating Company-7) And Yash Infra Realty Private Limited(Amalgamating Company-8) And Yashica Salt Private Limited (Amalgamating Company-9) And Gaj anandlnfracon Private Limited (Amalgamated Company) and their respective shareholders and creditorswith effect from the Appointed Date on the agreed terms and conditions as set out in the scheme annexed at Annexure-D in accordance with Sections 230 to 232 of the Companies Act, 2013 and other applicable provisions of the Act.

(3.) The Board of Directors of Applicant Amalgamating Company 2 in the meeting held on 4th October, 2017, passed a resolution approving the proposed Scheme placed before the Board by the Company Secretary. The Applicant Amalgamating Company has filed its provisional balance sheet as well a Chartered Accountant's Certificate dated 9.10.2017 issued by its Chartered Accountant certifying compliance with Section 133 of the Companies Act, 2013.