Tribunals and CommissionsDivision Bench(2021) 06 NCLT CK 0023

S M Perfumers Private Limited vs Registrar Of Companies

National Company Law Tribunal · Decided on 7 June 2021

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (J) · Sumita Purkayastha, Member (T)
RESULT
Disposed Of
CASE NUMBER
CA (CAA)-21 (ND) Of 2021

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Judgment

46 paragraphs · 361 words

S.No.,"Name of the

Company","N o . of Share

Holders","CONSENT

OBTAINED","No. of Secured

Creditors","No. of Unsecured

Creditors","CONSENT

OBTAINED

1,"S M

PERFUMERS

PRIVATE

LIMITED",2,ALL,NIL,3,ALL

2,"S I T A FOOD

PRODUCTS

PRIVATE

LIMITED",2,ALL,NIL,5,ALL

3,"S P

FRAGRANCES

PRIVATE

LIMITED",2,ALL,NIL,6,ALL

4,"SHANTI

FRAGRANCES

PRIVATE

LIMITED",3,ALL,NIL,3,ALL

b) With respect to Secured Creditors:There are no Secured Creditors, therefore the necessity of convening a meeting does not arise.",,,,,,

c) With respect to Unsecured Creditors:There are 3 Un-secured Creditors, who have filed their respective consent affidavits, hence convening",,,,,,

the meeting of the un-secured creditors has been dispensed with.,,,,,,

B. In relation to the Transferor Company No.2 :,,,,,,

a) With respect to Equity shareholders: In view of consent affidavits, from 2 equity shareholders having 100% voting share been filed, convening",,,,,,

the meeting of shareholders/members is dispensed with.,,,,,,

b) With respect to Secured Creditors: There are no Secured Creditors, therefore the necessity of convening a meeting does not arise.",,,,,,

c) With respect to Unsecured Creditors:There are 5 Un-secured Creditors, who have filed their respective consent affidavits, hence convening",,,,,,

the meeting of the un-secured creditors has been dispensed with.,,,,,,

C. In relation to the Transferor Company No.3 :,,,,,,

a) With respect to Equity shareholders: In view of consent affidavits, from 2 equity shareholders having 100% voting share been filed, convening",,,,,,

the meeting of shareholders/members is dispensed with.,,,,,,

b) With respect to Secured Creditors: There are no Secured Creditors, therefore the necessity of convening a meeting does not arise.",,,,,,

c) With respect to Unsecured Creditors:There are 6 Un-secured Creditors, who have filed their respective consent affidavits, hence convening",,,,,,

the meeting of the un-secured creditors has been dispensed with.,,,,,,

D. In relation to Transferee Company:,,,,,,

a) With respect to Equity shareholders: In view of consent affidavits, from 3 equity shareholders having 100% voting share been filed, convening",,,,,,

the meeting of shareholders/members is dispensed with.,,,,,,

b) With respect to Secured Creditors: There are no Secured Creditors, therefore the necessity of convening a meeting does not arise.",,,,,,

c) With respect to Unsecured Creditors:There are 3 Un-secured Creditors, who have filed their respectiveconsent affidavits, hence convening the",,,,,,

meeting of the un-secured creditors has been dispensed with.,,,,,,

12.

The application stands allowed on the aforesaid term and disposed off.,,,,,,

Â,,,,,,