Tracstar Investments Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 354 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956);
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 (or any corresponding provisions of the Companies Act, 2013 as may be notified);
AND In the matter of Scheme of Arrangement between Tracstar Investments Private Limited ("Demerged Company" / "Transferor Company") AND its Shareholders and Creditors AND Allied Blenders and Distillers Private Limited ("Resulting Company"/ "Transferee Company").
Tracstar Investments Private Limited, a Company, incorporated under the Companies Act, 1956 and having its Registered office at 394-C, Lamington Chambers, Lamington road, Mumbai 400004, Maharashtra.
) ) ) ) ) )........Applicant Company Called for Summons for Direction Mr. Hemant Sethi i/b. Hemant Sethi & Co., Advocate for the Applicant Coram: S.C Gupte, J.
Date: 04th May, 2016 MINUTES OF ORDER
UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 29 February, 2016 of Mr. Atit Dalal, Authorised Signatory of the Applicant Company, in support of the Summons for Direction an d the Exhibits therein referred to, IT IS ORDERED:-
1. That 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 Arrangement between Tracstar Investments Private Limited and Allied Blenders and Distillers Private Limited and their respective shareholders and creditors is dispensed with in view of the consents given by all the two Shareholders of the Applicant Company, which are annexed as Exhibits 'D1' and 'D2' to the Affidavit in support of the Summons for Direction.
2. That the question of convening and holding 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 13 of the Affidavit in Support of the Company Summons for Direction.
3. That convening and holding the meeting of the Unsecured Creditors of the Applicant Company, to consider and, if thought fit, approve, with or without modifications, is dispensed with in view of the averments made in paragraph 14 of the Affidavit in support of the Summons for Direction. The Applicant Company undertakes to serve individual notice of hearing of the Petition by
R.P.A.D to all its Unsecured Creditors and also to publish the same in two local newspapers i.e. Free Press Journal, in English language and Navshakti, in Marathi language having circulation in Mumbai. The said undertaking is accepted.
(S.C Gupte, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order. Uploaded by: Shankar Gawde, Stenographer