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Bombay High CourtCSD/423/2016

Shree Jeenmata Dyeing And Printing Mills Pvt. Ltd. v. -

2016-07-08Hon'Ble Shri Justice B.P. Colabawalla4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 423 OF 2016. In the matter of the Companies Act 1956, 1 of 1956 and other relevant provisions of Companies Act, 2013;

AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provisions of Companies Act, 2013;

AND In the matter of Scheme of Amalgamation of AASUTOSH DYEING MILLS PRIVATE LIMITED, the Transferor Company with SHREE JEENMATA DYEING AND PRINTING MILLS PRIVATE LIMITED, the Transferee Company.

SHREE JEENMATA DYEING AND ) PRINTING MILLS PRIVATE LIMITED, a ) company incorporated under the ) Companies Act, having its ) registered office at 66, Vinod Villa, 3rd ) Floor, Cavel Cross Lane, Ramwadi, ) Mumbai -400 002.

) ...Applicant Company.

Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: B. P. Colabawalla, J.

Date: 08th July, 2016 MINUTES OF THE ORDER

UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 15th day of February, 2016 of Mr. Kamal Lahoty, Authorized Signatory of the Applicant Company, in support of the Summons for Direction and the Exhibit 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 AASUTOSH DYEING MILLS PRIVATE LIMITED, the Transferor Company with SHREE JEENMATA DYEING AND PRINTING MILLS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the Eight Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'G-1' to 'G-8' to the Affidavit in support of Summons for Direction.

2.

The convening and holding of 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 proposed Scheme of Amalgamation of AASUTOSH DYEING MILLS PRIVATE LIMITED, the Transferor Company with SHREE JEENMATA DYEING AND PRINTING

MILLS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the averments made in paragraph 17 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to all its Secured Creditors and also to publish the same in two local news papers viz. "Free Press Journal" in English and "Navshakti" in Marathi, in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.

3.

The convening and holding of 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 Scheme of Amalgamation of AASUTOSH DYEING MILLS PRIVATE LIMITED, the Transferor Company with SHREE JEENMATA DYEING AND PRINTING MILLS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the averments made in paragraph 18 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to all its Unsecured Creditors and also to publish the same in two local news

papers viz. "Free Press Journal" in English and "Navshakti" in Marathi, in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.

(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.