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2010 Supreme(All) 2656

PANKAJ MITHAL
SHAMKEN MULTIFAB LIMITED – Appellant
Versus
ASSET RECONSTRUCTION COMPANY (INDIA) LTD. – Respondent


Advocates:
Counsel :
Syed Fahim Ahmad and Anurag Khanna, Addl. A.G. for the Petitioner; Rahul Sharma, Ashok Srivastava, Namit Srivastava, O.L.U.S. Patole, Sushmita Banerjee, O.P. Misra, Nitin Srivastava for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—This company petition No. 8 of 2010 in the matter of Shamken Multifab Limited is a second motion petition in continuation to the earlier petition No. 10 of 2008 moved under Section 391- 394 of the Companies Act, 1956 (hereinafter referred to as “the Act”) for sanction of the scheme of arrangement between the petitioner-company and its secured creditors. The company has prayed here in this petition that the scheme of arrangement which has been considered in the meeting of the secured creditors of the Company held on 6.9.2008, as per the report of the Chairman of the meeting dated 9.2.2010, be accepted.

2. The petitioner-company having its registered office in Mathura, U.P. vide company petition No. 10 of 2008 applied under Section 391 - 394 of the Act for sanction of the scheme of arrangement which was approved by the Board of Directors of the Company; and for convening a meeting of the secured creditors in that regard. This Court vide order dated 14.5.2008 directed for convening the meeting of the creditors of the petitioner-company on 28.6.2008 and appointed a Chairman to preside over the meeting. The date of the meeting was however modified vide


























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