COMP/135/2011 31/49 ORDER transferor company which is mentioned in the scheme is that the said transferor company has passed resolution approving the scheme and the shareholders of the transferor company have also approved the scheme. 9.8. However, copy of the said resolution is not placed on record. 9.9. Therefore, the petitioner company is directed to place on record of present petition a copy of the resolution passed by the shareholders of the transferor company and the details about the date when the meeting of the shareholders of the transferor company was convened, the names and total number of shareholders who attended the meeting and the result of voting, along with copy of the resolution said to have been passed. Before taking final decision and passing final order, the Court would prefer to be satisfied about these aspects. 9.10. In this context, before proceeding further it would be appropriate to take into account some of the observations made by the Apex Court in the decision in the case of Mihir H. Mafatlal vs. Mafatlal Industries (supra) wherein the Apex Court has observed that:- “The aforesaid provisions of the Act show that compromise or arrangement can be proposed between a company and its creditors or any class of them, or between a company and its members or any class of them. Such a compromise would also take in its sweep any scheme of amalgamation/merger of one company with another. When such a scheme is put forward by a company for the sanction of the Court in the first instance the Court has to direct holding of meetings of creditors or class of creditors, or members or class of members who are concerned with such a scheme and once the majority in number representing three fourths in value of creditors of Downloaded on : Fri Jan 27 19:33:28 IST 2023