Tribunals and CommissionsDivision Bench(2022) 01 NCLT CK 0064

JKK Finance Limited vs Registrar of Companies

National Company Law Tribunal · Decided on 25 January 2022

HON’BLE JUDGES
Rohit Kapoor, Member J · Harish Chander Suri, Member, T
RESULT
Disposed Of
CASE NUMBER
C.A.(CAA)/138(KB)2021 IA(Companies.Act)/31(KB)2021

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Judgment

24 paragraphs · 376 words
1.

Ld. Authorised Representative for the applicants present.

2.

IA(Companies Act)/31(KB)2021 is an application filed by the applicants seeking rectification of the order dated 03/11/2021 passed in

CA(CAA)/138(KB)2021 regarding date and timing of meeting of shareholders of both the applicant companies and meeting of unsecured creditors of

the Transferor Company as well as direction for e-voting in respect of meeting of shareholders of Transferor Company, since the Transferor

Company is a listed company.

3.

Ld. Authorised Representative submits that a fresh date of meeting shall be given for holding and convening the meetings as directed.

4.

We have heard the Ld. Authorised Representative for the applicants and perused the records and passed the following rectifications in the order

dated 03/11/2021 :

(a) In paragraph 4(b) at page 5, the ‘date’ of the meeting shall be read as “10/03/2022â€​ instead of “28/12/2021â€​;

(b) In paragraph 4(c) at page 5, the ‘date’ and ‘time’ of the meeting shall be read as “10/03/2022†and “11.45 AMâ€​

instead of “28/12/2021â€​ and “11.00 AMâ€​;

(c) In paragraph 4(d) at page 5, the ‘date’ and ‘time’ of the meeting shall be read as “10/03/2022†and “12.30 AMâ€​

instead of “28/12/2021â€​ and “11.00 AMâ€​;

(d) After the paragraph 4(f), following paragraph 4(ff) is added :

 “4(ff). In view of section 230(4) of the Companies Act, 2013 read with rules 20 and 22 of the Companies (Management and Administration) Rules, 2014, the

Transferor Company is required to provide the facility of e-voting to its equity shareholders. Accordingly, voting by equity shareholders of the Transferor

Company shall be carried out through (i) e-voting and (ii) ballot at the venue of the meeting of the equity shareholders of the Transferor Company to be held on

10/03/2022.â€​

(e) After the paragraph 4(h), following paragraph 4(hh) is added:

 “4(hh) Voting of the meetings shall be allowed on the proposed Scheme by voting in person or by proxy. In addition, for meeting of equity shareholders of the

Transferor Company, voting through electronic means as per the rules will also be allowed which shall be in accordance with the procedure recommended by the

relevant depository for such e-voting.â€​

 (f) The rest of the order dated 03/11/2021 shall remain unchanged.

5.

IA(Companies Act)/31(KB)2021 shall stand disposed of accordingly.