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2007 Supreme(Guj) 120

M.R.SHAH
KANOI CHEMICALS LTD, PRAMIKH INTERMEDIATES PVT. LTD. – Appellant
Versus
BRITISH SUPER AALLOYS PVT. LTD. – Respondent


Advocates Appeared: J.MALKAN, PRANAV G.DESAI, PURVISH MALKAN

M. R. SHAH, J.

( 1 ) COMPANY Petition No. 84 of 2006 and company Petition No. 85 of 2006 are filed by Kanoi Chemicals Ltd. , and Pramukh intermediates Pvt. Ltd. , respectively [both transferor Companies] to consider and if thought fit to sanction the proposed Scheme of Amalgamation of Kanoi Chemicals Ltd. , and Pramukh Intermediates Pvt. Ltd. , into british Super Alloys Pvt. Ltd. , [transferee company]. Company Petition No. 86 of 2006 is filed by the British Super Alloys Pvt. Ltd. , [transferee Company] also to consider and if thought fit to sanction with or without modification the proposed Scheme of amalgamation of Transferor Company into the Transferee Company.

( 2 ) SO far as Company Petition No. 84 of 2006 is concerned, it is submitted that having procured and produced the written approval of all the equity shareholders and the unsecured creditors and there being no secured creditor, pursuant to the order passed by this Court dated 17th March 2006 in Company Application No. 110 of 2006, the meeting of the equity shareholders and the unsecured creditors in relation to the proposed scheme of amalgamation as required under Section 391 (2) of the companies Act were dispensed with.









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