Back
HIGH COURT OF DELHI
Jyoti Knits Private Limited – Appellant
Versus
... – Respondent
COAPPL(M)-179_2015
CA (M) 179/2015 Page 1 of 9
IN THE HIGH COURT OF DELHI
COMPANY APPLICATION (MAIN) NO. 179/2015
Reserved on 1st December, 2015
Date of pronouncement: 23rd December, 2015
In the matter of
The Companies Act, 1956 & the Companies Act, 2013 (to the extent
applicable):
And
Application under Sections 391(1) & 394 of the
Companies Act, 1956
Scheme of Arrangement between:
Jyoti Knits Private Limited
Applicant/Transferor Company No. 1
Mayur Knits Private Limited
Applicant/Transferor Company No. 2
Essay Marketing Company Limited
Applicant/Transferor Company No. 3
Raghav Knits and Textiles Private Limited
Applicant/Transferor Company No. 4
Arshia Trade Mart Private Limited
Applicant/Transferor Company No. 5
AND
Agarwal Finestate Private Limited
Applicant/Transferee Company
Through Mr. Amit Goel, Advocate for
the applicants
SUDERSHAN KUMAR MISRA, J.
1.
This joint application has been filed under Sections 391(1) & 394 of
the Companies Act, 1956 by the applicant companies seeking directions
of this court to dispense with the requirement of convening the meetings
of their equity shareholders, secured and unsecured creditors to consider
and approve, with or without modification, the proposed Scheme of
Arrangement between Jyoti Knits Private Limited (hereinafter referred to
2015:DHC:10482
CA (M) 179/2015 Page 2 of 9
as the transferor company no. 1); Mayur Knits Private Limited
(hereinafter referred to as the transferor company no. 2); Essay
Marketing Company Limited (hereinafter referred to as the transferor
company no. 3); Raghav Knits and Textiles Private Limited (hereinafter
referred to as the transferor company no. 4); Arshia Trade Mart Private
Limited (hereinafter referred to as the transferor company no. 5) and
Agarwal Finestate Private Limited (hereinafter referred to as the
transferee company).
2. The registered offices of the transferor and transferee companies
are situated at New Delhi, within the jurisdiction of this Court.
3. The transferor company no. 1 was incorporated under the
Companies Act, 1956 on 16th January, 1991 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
4. The transferor company no. 2 was incorporated under the
Companies Act, 1956 on 28th December, 1990 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
5. The transferor company no. 3 was incorporated under the
Companies Act, 1956 on 20th February, 1991 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
2015:DHC:10482
CA (M) 179/2015 Page 3 of 9
6. The transferor company no. 4 was incorporated under the
Companies Act, 1956 on 31st December, 1990 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
7. The transferor company no. 5 was incorporated under the
Companies Act, 1956 on 17th November, 2008 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
8. The transferee company was incorporated under the Companies
Act, 1956 on 21st August, 1995 with the Registrar of Companies, NCT of
Delhi & Haryana at New Delhi.
9. The present authorized share capital of the transferor company
no.1 is Rs.25,00,000/- divided into 2,50,000 equity shares of Rs.10/-
each. The issued, subscribed and paid-up share capital of the company
is Rs.24,50,200/- divided into 2,45,020 equity shares of Rs.10/- each.
10. The present authorized share capital of the transferor company
no.2 is Rs.1,00,00,000/- divided into 10,00,000 equity shares of Rs.10/-
each. The issued, subscribed and paid-up share capital of the company
is Rs.99,95,200/- divided into 9,99,520 equity shares of Rs.10/- each.
11.
