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Bombay High CourtCSD/211/2016absolute

Meriton Infotech Pvt. Ltd. v. -

2016-04-01Hon'Ble Shri Justice B.P. Colabawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 211 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956) (or re-enactment thereof upon effectiveness of Companies Act, 2013);

AND In the matter of 100 to 104 of the Companies Act, 1956;

AND In the matter of Reduction of Equity Share Capital of Meriton Infotech Private Limited MERITON INFOTECH PRIVATE ) LIMITED, a company incorporated under ) the Companies Act, 1956 and having its ) registered address at G-4, Khetan ) Bhavan, 198 Jamshedji Tata Road, ) Mumbai - 400 020, India )........ Applicant Company Called Summons for Direction for hearing Mr. Hemant Sethi, i/b. Hemant Sethi & Co., Advocates for the Applicant. Coram: B. P. Colabawalla, J Date: 1st April, 2016 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 4th day of February, 2016 and Additional Affidavit dated 28th day of March, 2016 of Mr.

Bharat Joshi, Director of the Applicant Company, in support of Summons for Directions AND Clause 38 as provided under Table F as adopted by the Company in the Articles of Association of the Company that empowers the Applicant Company to reduce its Share Capital from time to time by passing a Special Resolution in any manner for the time being authorised by law AND the Applicant Company having passed Special Resolution with requisite majority at its Extraordinary General Meeting held on 2nd day of February, 2016 being Exhibit - F to the Affidavit in Support of Company Summons for Directions, approving the existing Equity Share Capital of the Company of Rs.

14,43,80,370 (Rupees Fourteen Crores Forty Three Lakh Eighty Thousand Three Hundred and Seventy) divided into 1,44,38,037 (One Crore Forty Four Lakh Thirty Eight Thousand and Thirty Seven) Equity Shares of Rs. 10/- each fully paid up, shall be reduced by cancelling upto a maximum of 91,00,000 (Ninety One Lakhs) Equity Shares of Rs.10/- each, fully paid up and returning capital to the Equity shareholders an aggregate amount not exceeding Rs. 100,00,00,000 (Rupees Hundred Crores) for Equity Shares of Rs.

honour its debts in the ordinary course of business. In view of the above, the procedure prescribed under Section 101(2) of the Companies Act, 1956 is dispensed with.

(B. P. Colabawalla, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order. Uploaded by: Shankar Gawde, Stenographer