COMA/107/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY APPLICATION No. 107 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VIBRANT DECOR [INDIA] PRIVATE LTD. - Applicant(s) Versus . - Respondent(s) ========================================================= Appearance : MRS SANGEETA N PAHWA for Applicant(s) : 1, None for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 05/03/2007 ORAL JUDGMENT Present Judges summons has been taken out by the applicant company i.e. Vibrant décor (India) Private Ltd. (the transferee company) for an appropriate order of dispensing with the meeting of the equity shareholders for the purpose of considering and if thought fit with or without modifications the COMA/107/2007 2/2 JUDGMENT proposed scheme of amalgamation of amalgamating Esquire Décor Hpl Private Ltd. with the transferee company. 2. Shri Pahwa, learned advocate appearing on behalf of the applicant company has invited the attention of the Court to page 45 and 46 (Annexure D to the application) and has submitted that all the equity share holders of the applicant company have given their consent in writing to the proposed scheme of amalgamation. 3. Having procured and produced the written consent of the equity shareholders to the proposed scheme of amalgamation, it is requested to dispense with the said meeting of the equity shareholders as required under section 391 of the Companies Act, 1956. 4. Having procured and produced the written consent of the equity shareholders to the proposed scheme of amalgamation of amalgamating Esquire Décor Hpl Private Ltd. with the transferee company, the meeting of the equity shareholders as required under section 391 of the Companies Act, 1956 is hereby dispensed with. 5. With this the present application is disposed of. No costs. (M.R. SHAH, J.) shekhar