Ashford Estates Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 232 OF 2015 In the matter of Companies Act, 1956, (1 of 1956);
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 read with Section 100 to 103 of the Companies Act, 1956;
AND In the matter of Scheme of Amalgamation of Ashford Estates Private Limited with WMI Real Estate Developers Private Limited and their respective Shareholders and Creditors Ashford Estates Private Limited , a Company incorporated under the Companies Act, 1956 and having its Registered Office at 10, Ashford Centre, Shankarrao Naram Path, Opp. Peninsula Corporate Park, Lower Parel, Mumbai 400013.
) ) ) ) ) ) ) ......Applicant Company Called Summons for Directions for Hearing Mr. Hemant Sethi with Mr. Ajit Singh Tawar i/b. Hemant Sethi & Co., for Applicant Coram: S. J. Kathawalla, J.
Date: 20th March, 2015 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Company Summons for Directions AND UPON HEARING Mr. Hemant
Sethi instructed by M/S Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 19th day of January, 2015 of Mr. Raju Porwal, Authorised Signatory of the Applicant Company, in support of Summons for Directions and the Exhibits therein referred to, IT IS ORDERED THAT : 1.
The convening and holding the meeting of the Equity Shareholders of the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation of Ashford Estates Private Limited with WMI Real Estate Developers Private Limited and their respective Shareholders and Creditors, is dispensed with in view of consolidated consent given by both the Equity Shareholders of the Applicant Company which is annexed as Exhibit "D" to the Affidavit in support of the Summons for Direction.
2.
The question of convening and holding of the meeting of the Secured Creditors of the Applicant Company does not arise since, there are no Secured Creditors in the Applicant Company as stated in paragraph 14 of the Affidavit in support of the Company Summons for Direction.
3.
The convening and holding the meeting of the Unsecured Creditors of the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without
modification(s), the proposed arrangement embodied in the Scheme of Amalgamation of Ashford Estates Private Limited with WMI Real Estate Developers Private Limited and their respective Shareholders and Creditors, is dispensed with in view of the consent given by the Unsecured Creditors of the Applicant Company, which are annexed as Exhibit "F1 to F10" to the Affidavit in support of the Summons for Directions. (S. J. Kathawalla, J)