Sterlite Technologies Ltd. v. -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 228 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956);

AND In the matter of Sections 391 to 394 of the Companies Act, 1956;

AND In the matter of Scheme of Amalgamation of Elitecore Technologies Private Limited (Transferor Company) WITH Sterlite Technologies Limited, (Transferee Company) AND their respective shareholders Sterlite Technologies Limited, a Company incorporated under the Companies Act, 1956 and having its registered office at E1, MIDC Industrial Area, Waluj, Aurangabad, Maharashtra 431136 ) ) ) ) ) ) ) ) ........Applicant Company Called Summons for Direction for Hearing Mr. Hemant Sethi with Mr. Ajit Singh Tawar i/b. Hemant Sethi & Co., Advocates for the Applicant Company Coram: B.P. Colabawalla, J Date: 7th April, 2016 MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON

READING the Affidavit dated 22nd day of January, 2016 of Mr. Swapnil Patil, Authorised Signatory of the Applicant Company, in support of Company Summons for Direction, and the Exhibits there in referred to, IT IS ORDERED THAT:

1. That the filing of Company Scheme Petition by Sterlite Technologies Limited, Applicant/Transferee Company is dispensed with in view of the averments made in paragraphs 21 to 23 of the Affidavit in support of Company Summons for Direction inter-alia stating that Elitecore Technologies Private Limited, the Transferor Company is a wholly owned subsidiary of the Applicant Company and the beneficial interest in all the shares of the Transferor Company are presently held by the Applicant Company and that the Scheme does not affect the rights and interests of the members (Equity shareholders) and Creditors of the Applicant Company and does not involve re-organisation of the Share Capital of the Applicant Company.

2. In so far as Petition filed by the Transferor Company, the Counsel for the Petitioner submits that the Scheme has been sanctioned by the Gujarat High Court on 21st March 2016.

(B.P Colabawalla, J)

CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.

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