Ally Pharma Options Pvt.Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 364 OF 2016 In the matter of the Companies Act, 1956 AND In the matter of Sections 391 to 394 of the Companies Act, 1956.
AND In the matter of the Scheme of Amalgamation of Ally Pharma Options Private Limited, Transferor Company with Maxheal Pharmaceuticals (India) Limited, Transferee Company and their respective shareholders and creditors.
Ally Pharma Options Private Limited having its Registered Office at 301, 3rd Floor, Maxheal House, Plot No. 169, CST No. 1043, Bangur Nagar, Goregaon (West) Mumbai - 400090, Maharashtra, India.
) ) ) ) ) ) ) )... Applicant / Transferor Company Called Summons for Direction for hearing Mr. Sanjay Udeshi a/w Darshan Ashar i/b Sanjay Udeshi & Co, Advocate(s) for Applicant.
Coram: S.C. Gupte J, Dated: 4th May, 2016 MINUTES OF ORDER Upon the application of the above-named Applicant Company by a Summons for Direction AND upon hearing Shri Sanjay Udeshi, Advocate for the Applicant AND upon reading Affidavit dated 3rd February, 2016 of Mr. Sushil Kumar Purohit, the Authorised Signatory of the Applicant Company of Mumbai in support of the Summons for Direction, 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 Scheme of Amalgamation of Ally Pharma Options Private Limited, Transferor Company with Maxheal Pharmaceuticals (India) Limited, Transferee Company and their respective shareholders and creditors, is dispensed with in view of the Consent given by the sole Equity Shareholder of the Applicant Company which is annexed as Exhibits 'D' to the Affidavit in Support of Summons for Directions. 2.
That convening and holding the meeting of the Secured Creditors of the Applicant Company, for the purpose of considering and if thought fit, approving with or without modification(s), the Scheme of Amalgamation of Ally Pharma Options Private Limited, Transferor Company with Maxheal Pharmaceuticals (India) Limited, Transferee Company and their respective shareholders and creditors, is dispensed with in view of the consent given by two of the secured creditors out of three, consent of two secured creditor are annexed as Exhibit 'G-1' & 'G-2' to the Affidavit in Support of Company Summons for Direction and in view of the averment made in para 19 interalia stating that the Applicant Company undertakes to issue individual Notice of date of hearing of Company Scheme Petition by R.P.A.D. to its remaining secured creditor and also undertakes to publish the same in two local news papers i.e. "Free Press Journal" in English language and translation thereof in "Navshakti" in Marathi language both having circulation in Mumbai. The said undertaking is accepted.
3.
That 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 Scheme of Amalgamation of Ally Pharma Options Private Limited, Transferor Company with Maxheal Pharmaceuticals (India) Limited, Transferee Company and their respective shareholders and creditors, is dispensed with in view of the consent given by one hundred and two unsecured creditors out of one hundred and seventy three, consent of hundred and two unsecured creditor are annexed as Exhibit 'K-1' to 'K-102' to the Affidavit in Support of Company Summons for
Direction and in view of the averment made in para 20 inter-alia stating that the Applicant Company undertakes to issue individual Notice of date of hearing of Company Scheme Petition by R.P.A.D. to its remaining unsecured creditors and also undertakes to publish the same in two local news papers i.e. "Free Press Journal" in English language and translation thereof in "Navshakti" in Marathi language both having circulation in Mumbai. The said undertaking is accepted.
(S.C. Gupte, J) Certificate I Certify that this Order uploaded is true and correct copy of original signed order. Uploaded by: Shri Shankar Gawade, Stenographer