← Library
Bombay High CourtCSD/582/2016absolute

Meru Life Science Pvt. Ltd. v. -

2016-07-08Hon'Ble Shri Justice B.P. Colabawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 582 OF 2016 In the matter of the Companies Act, 1 of 1956 and other relevant provisions of the Companies Act, 2013;

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

AND In the matter of Scheme of Amalgamation of MERU LIFE SCIENCE PRIVATE LIMITED, the First Transferor and PARSHWA INTERMEDIATES PRIVATE LIMITED, the Second Transferor Company with VIPUL LIFE SCIENCE LIMITED, the Transferee Company.

MERU LIFE SCIENCE PRIVATE ) LIMITED, a company incorporated ) under the Companies Act, ) having its registered office 205/206 ) B.P.S. Plaza, Devidayal Road, Mulund ) (West), Mumbai - 400 080.

) ...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 : 8th 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 3rd day of March, 2016 of Mr. Harsh Dave, Authorised 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 MERU LIFE SCIENCE PRIVATE LIMITED, the First Transferor and PARSHWA INTERMEDIATES PRIVATE LIMITED, the Second Transferor Company with VIPUL LIFE SCIENCE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the Five Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-5' to the Affidavit in support of Summons for Direction.

2.

That the question of convening and holding of the meeting of Secured Creditors does not arise since there are no Secured

Creditors of the Applicant Company as stated in paragraph 22 of the Affidavit in support of Summons for Direction. 3.

The 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 proposed Scheme of Amalgamation of ASHPIN HOLDINGS PRIVATE LIMITED, the First Transferor Company and BIZMEDIA PRIVATE LIMITED, the Second Transferor Company and PRI HOLDINGS PRIVATE LIMITED, the Third Transferor with BIMEXMA TECHNOLOGIES (INDIA) PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the five Unsecured Creditors of the Applicant Company, which are annexed as Exhibit 'D-1' to 'D-5' to the Affidavit in support of Summons for Direction.

(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.