Learned Advocate Mr. Yuvraj Thakore i/b Learned Advocate Ms. Dharmistha Raval i/b Raval & Raval present for Petitioner.
Petitioner filed affidavit in respect of attendance register preference shareholders of Ajmera Cements Pvt Ltd. and board resolution dated 27.09.2017 of Hassaldine INC.
Heard arguments of Learned Counsel for petitioner.
Perused the petition. Petition is admitted.
Petitioner company is directed to issue notices to:
1. Central Government through Regional Director, Western region Gujarat and
2. Registrar of Companies Gujarat in Form No. RSC-2 enclosing copy of the petition along with Annexures calling for their representations, if any, before this Tribunal within a period of three months from the date of receipt of notice simultaneously sending a copy of representation to the company.
3. All the creditors of the company as per the list enclosed with the petition in Form No. RSC-3 within seven days from this date giving all the information as contemplated in sub-rule (2) of rule 3 of NCLT (Procedure for reduction of share capital of company) Rules 2016 requiring them to file their representation and/objections within three months before this Tribunal.
4. Petitioner company is directed to publish notice in Form No. RSC- 4 within seven days from this date in English language newspaper Indian Express Ahmedabad Edition and vernacular Gujarati newspaper Sandesh Ahemdabad Edition stating the proposed reduction in share capital and the place where list of creditors can be inspected and the date of hearing before this Tribunal requiring them to file their objections, if any, before this Tribunal within three months.
5. Petitioner company is also directed to upload the publication in the website of petitioner company, if any, seeking objection from creditors within three months and intimating the date of hearing, stating the proposed reduction of share capital and the place where the list of creditors can be inspected.
6. The company shall file an affidavit in Form No. RSC-5 before this Tribunal confirming the dispatching of notices and publication of notice not later than seven days from the date of issue of notices and publications.
7. Date of hearing is fixed 01.06.2018.
List the matter on 01.06.2018.
Ajmera Cement Pvt Ltd v.
Ajmera Cement Pvt Ltd v.
(National Company Law Tribunal)
C.P. No. 5/66/NCLT/AHM/2018 | 26-02-2018
Advocate List
Bench
- Manorama Kumari, Member (Judicial))
Eq Citations
- LQ/NCLT/2018/6306
Head Note
Companies Act, 2013 — Ss. 66, 67, 68 and 69 — Reduction of share capital — Petition for — Petition admitted — Petitioner company directed to issue notices to (i) Central Government through Regional Director, Western region Gujarat and (ii) Registrar of Companies Gujarat in Form No. RSC-2 enclosing copy of the petition along with Annexures calling for their representations, if any, before the Tribunal within a period of three months from the date of receipt of notice simultaneously sending a copy of representation to the company — Petitioner company also directed to publish notice in Form No. RSC- 4 within seven days from this date in English language newspaper ?Indian Express? Ahmedabad Edition and vernacular Gujarati newspaper ?Sandesh? Ahemdabad Edition? stating the proposed reduction in share capital and the place where list of creditors can be inspected and the date of hearing before the Tribunal requiring them to file their objections, if any, before the Tribunal within three months — Petitioner company also directed to upload the publication in the website of petitioner company, if any, seeking objection from creditors within three months and intimating the date of hearing, stating the proposed reduction of share capital and the place where the list of creditors can be inspected — Company shall file an affidavit in Form No. RSC-5 before the Tribunal confirming the dispatching of notices and publication of notice not later than seven days from the date of issue of notices and publications — Date of hearing fixed
