Maxima Logistics And Mangement Services Private Limited v. 0

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 372 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 Finanz Holdings Private Limited, Transferor Company No.

Kashish Holdings Private Limited, Transferor Company No.

Maxima Logistics & Management Services Private Limited, Transferor Company No. 3 And Palladio Pransa Consultancy Services Private Limited Transferor Company No. 4 with Pransa International Private Limited, Transferee Company and their respective shareholders and creditors.

Maxima Logistics & Management Services Private Limited incorporated and registered under the Companies Act, 1956, having its registered office at 403C, Wing B1, Marathon Innova, Opp.

Peninsula Corporate Park, Lower Parel, Mumbai-400013, Maharashtra.

) ) ) ) ) ) ) ) ) ) )...

Applicant Company / Transferor Company No. 3 Called Summons for Direction for hearing Mr. Sanjay Udeshi a/w Darshan Ashar i/b Sanjay Udeshi & Co, Advocate(s) for Applicant Company.

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 Company AND upon reading Affidavit dated 10th February, 2016 of Mrs. Alka Saigal, 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 Finanz Holdings Private Limited, Transferor Company No. 1 Kashish Holdings Private Limited, Transferor Company No.

Maxima Logistics & Management Services Private Limited, Transferor Company No. 3 And Palladio Pransa Consultancy Services Private Limited Transferor Company No. 4 with Pransa International Private Limited, Transferee Company and their respective shareholders and creditors, is dispensed with in view of the Consent given by its sole Equity Shareholder of the Applicant Company which is annexed as Exhibit 'C-1 to the Affidavit in Support of Summons for Directions.

2.

There are no secured creditors in the Applicant Company as mentioned in paragraph 17 of the Affidavit in support of Company Summons for Direction. Hence the question of convening and holding the meeting of secured creditors does not arise.

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 Finanz Holdings Private Limited, Transferor Company No.

Kashish Holdings Private Limited, Transferor Company No.

Maxima Logistics & Management Services Private Limited, Transferor Company No. 3 And Palladio Pransa Consultancy Services Private Limited Transferor Company No. 4 with Pransa International Private Limited, Transferee Company and their respective shareholders and creditors, is dispensed with in view of the consent given by all the five unsecured creditors which are annexed as Exhibit 'D-1' to 'D-5' to the Affidavit in Support of Company Summons for Direction.

(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