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Judgment
S.P. Mehrotra, J.—By the order dated 24th February 2005, the following meetings were directed to be convened and held on 30th April, 2005 at the time and place mentioned in the said order dated 24th February, 2005.
Meeting of the Shareholders/Members of the Transferee Company (namely, Juggilal Kamlapat Holding Limited).
Meeting of the Shareholders/Members of the Transferor Company No. 1 (namely, J.K. Investment Limited).
Meeting of the Shareholders/Members of the Transferor Company No. 2 (namely, Kanpur Investments Limited).
It appears that Sri Manoj Mishra, who was appointed Chairman of the said meetings, has filed an affidavit designated as Affidavit of Service, sworn on 4th April, 2005, as per the provisions of Rule 76 of the Companies (Court) Rules, 1959. Along with the said affidavit, copies of the newspapers "Hindustan Times" dated 18th March, 2005, the "Economic Times" dated 18th March, 2005 and "Dainik Jagran" dated 18th March, 2005, wherein separate notices in respect of the aforesaid meetings were published, have been filed as Annexures 1, 2 and 3, respectively to the said Affidavit of Service (Paper No. A-4 on the record of Company Application No. 1 of 2005).
Further, along with the said affidavit of Sri Manoj Mishra, Certificate of Posting in respect of the notice sent to each Shareholder/Member of the Transferee Company (namely, Juggilal Kamlapat Holding Limited) along with the copies of the notice and enclosures thereto have been filed as Annexure 4 to the said Affidavit of Service.
Again, Certificate of Posting in respect of the notice sent to each Shareholder/Member of the Transferor Company No. 1 (namely, J.K. Investment Limited) along with the copies of the notice and enclosures thereto have been filed as Annexure 5 to the said Affidavit of Service.
Further, Certificate of Posting in respect of the notice sent to each Shareholder/Member of the Transferor Company No. 2 (namely, Kanpur Investments Limited) along with the copies of the notice and enclosures thereto have been filed as Annexure 6 to the said Affidavit of Service.
It further appears that the meetings mentioned above were held as per the directions given in the said order dated 24th February, 2005.
Sri Manoj Mishra, Chairman of the said meetings, has filed on 6th May, 2005 an affidavit, sworn on 3rd May, 2005 (Paper No. A-6 on the record of the Company Application No. 1 of 2005) in this regard. Along with the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005, report dated 30th April, 2005 submitted by Sri Manoj Mishra, Chairman of the meeting of the Shareholders/Members of the Transferee Company (namely, Juggilal Kamlapat Holding Limited), has been filed as per the requirement of Rule 78 of the Companies (Court) Rules, 1959, as Annexure 1 to the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005.
Again, report dated 30th April, 2005 submitted by Sri Manoj Mishra, Chairman of the said meeting of the Shareholders/Members of the Transferor Company No. 1 (namely, J.K. Investment Limited), has been filed as Annexure 2 to the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005.
Further, report submitted by Sri Manoj Mishra, Chairman of the said meeting of the Shareholders/Members of the Transferor Company No. 2 (namely, Kanpur Investments Limited), has been filed as Annexcure 3 to the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005.
Copy of the Scheme of Amalgamation, as approved in the aforesaid meetings, has been filed as Annexure 4 to the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005.
Minutes of the aforementioned meeting of the Shareholders/Members of the Transferee Company (namely, Juggilal Kamlapat Holding Limited), has been filed as Annexure 5 to the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005.
Further, minutes of the aforementioned meeting of the Shareholders/Members of the Transferor Company No. 1 (namely, J.K. Investment Limited), has been filed as Annexure 6 to the said affidavit of Sri Manoj Mishra, sworn on 3 May, 2005.
11, Again, minutes of the aforementioned meeting of the Shareholders/Members of the Transferor Company No. 2 (namely, Kanpur Investments Limited), has been filed as Annexure 7 to the said affidavit of Sri Manoj Mishra, sworn on 3rd May, 2005.
It further appears that Company Petition No. 17 of 2005 has been filed on behalf of the Transferee Company (namely, Juggilal Kamlapat Holding Limited), the Transferor Company No. 1 (namely, J.K. Investment Limited) and the Transferor Company No. 2 (namely, Kanpur Investments Limited), inter-alia, praying for sanctioning the proposed Scheme of Amalgamation.
The said Company Petition No. 17 of 2005 has been filed on 9th May 2005, i.e. within a period of 7 days of the submission of the report on 6th May, 2005 by the Chairman of the aforesaid meetings as per the requirement of Rule 79 of the Companies (Court) Rules, 1959.
In view of the aforesaid discussion, the Company Application No. 1 of 2005 stands disposed of.