IN THE HIGH COURT OF BOMBAY AT GOA COMPANY APPLICATION (MAIN) NO. 48 OF 2010 Siolim Hotels Private Limited ... Applicant Mr. Sudin M.S. Usgaonkar, Advocate for the Applicant. Coram: S.B DESHMUKH, J. Date: 6 th January, 2011. P.C. I have heard learned Counsel Mr. Usgaonkar for the applicant. 2. This application is filed on behalf of the applicant under Sections 391 and 394 of the Companies Act, 1956 for scheme of amalgamation/arrangement. 3. Learned Counsel for the applicant points out Exhibit-'D' at page 38. Statement is made in this document by Mr. Varun Sood that he holds 49,999 shares of the applicant company (transferor company). In para 4, statement is made that Mr. Varun Sood is the shareholder of the transferor company and waives his right of notice for calling the meeting for sanctioning the scheme of arrangement/amalgamation. 4. In Para 16 of the affidavit, on behalf of the transferor company, statement is made that both the shareholders of the applicant transferor company and transferee company who is applicant in Company Application (Main) No. 49/2010 have already given consent in writing agreeing to the scheme of amalgamation of the transferor company with the transferee company (applicant in Company Application (Main) No. 49/2010). At para 17 of the affidavit, statement is made that in view of the written consent given by all the equity shareholders, meeting will be an empty formality for respondent and therefore meeting of the shareholders may be dispensed with. Similarly, an important statement is made at para 18 that there are no secured and unsecured creditors of the applicant company. 5. In my view, after considering the submissions and pleadings this application/petition under Sections 391 and 394 of the Companies Act, 1956 can be exercised. Learned Counsel for the applicant has also made available copy of minutes of order. It is taken on record and marked as "B" for identification. 6. Application stands disposed of in terms of minutes of order at "B". S. B. DESHMUKH, J. Ev