1. Under consideration are Application Nos. CA/216 & 217/CAA/2018 filed under Sections 230 to 232 of the Companies Act, 2013. The prayer made is to dispense with convening, holding and conducting of the meeting of Secured Creditor(s) in relation to the Transferor and Transferee Company. Further, to direct to issue and publish notices for convening, holding and conducting the meeting of the Shareholders and Unsecured Creditors in relation to the Transferor and Transferee Company.

2. M/s. Arihant Unitech Realty Projects Limited:

i The Transferor Company viz., M/s. Arihant Unitech Realty Projects Limited has 9 Shareholders i.e. 8 (Eight) Equity Shareholders and 1 (One) Preference Shareholder who has given the consent affidavit. The certificate issued by the Chartered Accountants to this effect is placed at pages 184-185 of the typed set filed with the Application.

The Applicant prayed to fix a date for convening and conducting the meeting of the Equity Shareholders of the Transferor Company and to appoint a Chairman for the said meeting. Therefore, the meeting of the Equity Shareholders is directed to be conducted on 23rd May, 2019 at 11:00 A.M., at No. 3 (Old No. 25), Ganapathy Colony, 3rd Lane, Cenotaph Road, Teynampet, Chen.nai-600018.

Mr. Harish Marlecha (Director) is hereby appointed as the Chairman of the Meeting of the Equity Shareholders. The quorum for meeting is fixed at 2. In case the quorum is not there at the designated time when the meeting is called, then, the meeting shall be adjourned by half an hour, and thereafter, the person present for voting shall be deemed to constitute the quorum. The notice of the meeting of Equity Shareholders shall be issued at least not less than 30 + 2 days prior to the date fixed for meeting. The service of notice shall be effected by speed post/through electronic means, provided the e-mail address of the Equity Shareholders is available with the Transferor Company.

The Transferor Company is also directed to make available the facility for voting by making appropriate arrangements. The information about such arrangements shall be given to the Equity Shareholders well before the date fixed for the meeting. Those who will receive the notice may vote in the meeting either in person or through proxy for the adoption of the Scheme. The Chairman shall ensure that the proceedings of the meeting may take place in a just, free and fair manner, and within one week of the meeting, the Chairman shall file the report of the meeting of Equity Shareholders before this Bench. The Chairman of the meeting is at liberty to fix his remuneration as per the practice in vogue and the company shall pay the same to him.

ii. There is only 1 (One) Secured Creditor in relation to the Transferor Company. The certificate issued by the Chartered Accountants to this effect is placed at page 179 of the typed set filed with the Application. The consent affidavit given by the Secured Creditor is separately placed on record.

Therefore, the meeting of the Secured Creditor is allowed to be dispensed with under Clause (9) of the Section 230 of the Companies Act, 2013.

There are 40 (Forty) Unsecured Creditors in the Transferor Company. The certificate issued by the Chartered Accountants to this effect is placed at pages 180-181 of the typed set filed with the application.

The Applicant prayed to fix a date for convening and conducting the meeting of the Unsecured Creditors of the Transferor Company and to appoint a Chairman for the said meeting. Therefore, the meeting of the Unsecured Creditors is directed to be conducted on 16th May, 2019 at 03:00 P.M., at No. 3 (Old No. 25), Ganapathy Colony, 3rd Lane, Cenotaph Road, Teynampet, Chennai-600018.

Mr. Harish Marlecha (Director) is hereby appointed as the Chairman of the Meeting of the Unsecured Creditors. The quorum for meeting is fixed at 10. In case the quorum is not there at the designated time when the meeting is called, then, the meeting shall be adjourned by half an hour, and thereafter, the person(s) present for voting shall be deemed to constitute the quorum. The notice of the meeting of Unsecured Creditors shall be issued at least not less than 30 + 2 days prior to the date fixed for meeting. The service of notice shall be effected by speed post/through electronic means, provided the e-mail address of the Unsecured Creditors is available with the Transferor Company.

The Transferor Company is also directed to make available the facility for voting by making appropriate arrangements. The information about such arrangements shall be given to the Unsecured Creditors well before the date fixed for the meeting. Those who will receive the notice may vote in the meeting either in person or through proxy for the adoption of the Scheme. The Chairman shall ensure that the proceedings of the meeting may take place in a just, free and fair manner, and within one week of the meeting, the Chairman shall file the report of the meeting of Unsecured Creditors before this Bench. The Chairman of the meeting is at liberty to fix his remuneration as per the practice in vogue and the company shall pay the same to him.

3. M/s. North Town Estates Private Limited:-

The Transferee Company viz., M/s. North Town Estates Private Limited, has 8 (Eight) Equity Shareholders. The list of Equity Shareholders is placed at page 192 of the typed set filed with the Application. The certificate issued by the Chartered Accountants to this effect is placed at pages 193-194 of the typed set filed with the Application.

The Applicant prayed to fix a date for convening and conducting the meeting of the Equity Shareholders of the Transferee Company and to appoint a Chairman for the said meeting. Therefore, the meeting of the Equity Shareholders is directed to be conducted on 23rd May, 2019 at 12:00 P.M., at No. 3 (Old No. 25), Ganapathy Colony, 3rd Lane, Cenotaph Road, Teynampet, Chennai-600018.

Mr. Omprakash Madhav is hereby appointed as the Chairman of the Meeting of the Equity Shareholders. The quorum for meeting is fixed at 2. In case the quorum is not there at the designated time when the meeting is called, then, the meeting shall be adjourned by half an hour, and thereafter, the person present for voting shall be deemed to constitute the quorum. The notice of the meeting of Equity Shareholders shall be issued at least not less than 30 + 2 days prior to the date fixed for meeting. The service of notice shall be effected by speed post/through electronic means, provided the e-mail address of the Equity Shareholders is available with the Transferee Company.

The Transferee Company is also directed to make available the facility for voting by making appropriate arrangements. The information about such arrangements shall be given to the Equity Shareholders well before the date fixed for the meeting. Those who will receive the notice may vote in the meeting either in person or through proxy for the adoption of the Scheme. The Chairman shall ensure that the proceedings of the meeting may take place in a just, free and fair manner, and within one week of the meeting, the Chairman shall file the report of the meeting of Equity Shareholders before this Bench. The Chairman of the meeting is at liberty to fix his remuneration as per the practice in vogue and the company shall pay the same to him.

There is only 1 (One) Secured Creditor in relation to the Transferee Company. The certificate issued by the Chartered Accountants to this effect is placed at page 172 of the typed set filed with the Application. The consent affidavit given by the Secured Creditor is separately placed on record.

Therefore, the meeting of the Secured Creditor is allowed to be dispensed with under Clause (9) of the Section 230 of the Companies Act, 2013.

iii. There are 689 (Six Hundred and Eighty Nine) Unsecured Creditors in relation to the Transferee Company. The certificate issued by the Chartered Accountants to this effect is placed at pages 173-190 of the typed set filed with the Application.

The Applicant prayed to fix a date for convening and conducting the meeting of the Unsecured Creditors of the Transferee Company and to appoint a Chairman for the said meeting. Therefore, the meeting of the Unsecured Creditors is directed to be conducted on 16th May, 2019 at 04:00 P.M., at No. 3 (Old No. 25), Ganapathy Colony, 3rd Lane, Cenotaph Road, Teynampet, Chennai-600018.

Mr. Omprakash Madhav is hereby appointed as the Chairman of the Meeting of the Unsecured Creditors. The quorum for meeting is fixed at 689. In case the quorum is not there at the designated time when the meeting is called, then, the meeting shall be adjourned by half an hour, and thereafter, the person present for voting shall be deemed to constitute the quorum. The notice of the meeting of Unsecured Creditors shall be issued at least not less than 30 + 2 days prior to the date fixed for meeting. The service of notice shall be effected by speed post/through electronic means, provided the e-mail address of the Unsecured Creditors is available with the Transferee Company.

The Transferee Company is also directed to make available the facility for voting by making appropriate arrangements. The information about such arrangements shall be given to the Unsecured Creditors well before the date fixed for the meeting. Those who will receive the notices may vote in the meeting either in person or through proxy for the adoption of the Scheme. The Chairman shall ensure that the proceedings of the meeting may take place in a just, free and fair manner, and within one week of the meeting, the Chairman shall file the report of the meeting of Unsecured Creditors before this Bench. The Chairman of the meeting is at liberty to fix his remuneration as per the practice in vogue and the company shall pay the same to him.

4. The Registry is directed to issue notice to the concerned Regional Director, Ministry of Corporate Affairs, RoC concerned and Income Tax Authorities including the Assessing Officer of the I.T. Circle and OL in relation to the Transferor Company with the direction to appoint Chartered Accountants on his own for filing report. In case, the statutory authorities to whom the notice is issued are desirous of making any objection/representation, they may do so within 30 days from the date of receipt of the notice. In case no objection/representation is made, it shall be presumed th

at they/ any of them have /has no objection/representation to make. 5. The Applicant Companies are directed to issue private notice to the said authorities/regulators by way of speed post/hand delivery. The proof of sending and effecting the service of notice upon them along with the newspaper publication shall be submitted with supporting affidavit to this Bench along with Company Petition. 6. The Applicant Companies are directed to effect publication separately in the newspapers one in English “The Business Standard” (Tamilnadu Edition) and another in vernacular “MaalaiSudar” (Tamilnadu Edition) provided the said newspapers have wide circulation in the State of Tamilnadu, having not less than 30 + 2 days before the date fixed for the meeting(s). The Applicant Companies are directed to upload the notice on their websites and display the notice board at its Registered Office. The Registry is also directed to display the notice on the notice board of this Bench. 7. The Applicant Companies are directed to present the Petition(s) within a week’s time after filing of the report(s) by the Chairman. Accordingly, the Applications are allowed.