Dilesh Logistics (India) Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICITON COMPANY SUMMONS FOR DIRECTION NO. 309 OF 2015 In the matter of Companies Act, 1956 (1 of 1956) AND In the matter of Sections 391 to 394 read with Sections 100 to 103 of the Companies Act, 1956;
AND In the matter of Composite Scheme of Arrangement between Amarjyot Chemical Private Limited and Dilesh Logistics (India) Private Limited and Amrey Enterprises Private Limited and Draagon Drugs Private Limited and their respective Shareholders and Creditors Dilesh Logistcis (India) Private Limited, a company } incorporated under the Companies Act, 1956 and having its } registered office at Blue Bell, 202, Devi Dayal Road, BPS } Compound, Mulund (W), Mumbai-400080 } ..... Applicant Company Called Summons for Direction for Hearing Mr. Hemant Sethi with Mr. Ajit Singh Tawar i/b. Hemant Sethi & Co., Advocates for the Applicant Company
Coram: S.J. Kathawalla, J.
Date: 24th April, 2015 MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Company 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 2nd day of March, 2015 of Mr. Sunil Mavji Dedhia, Authorised Signatory of the Applicant Company, in support of Company 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 proposed Composite Scheme of Arrangement between Amarjyot Chemical Private Limited and Dilesh Logistics (India) Private Limited and Amrey Enterprises Private Limited and Draagon Drugs Private Limited and their respective Shareholders and Creditors is dispensed with in view of the consolidated consent given by all the 13 (thirteen) Equity Shareholders of the Applicant Company, which are annexed as Exhibits "D-1" to "D-4" to the Affidavit in support of the Company Summons for Directions. 2.
The question of convening and holding the meeting of the Secured Creditors of the Applicant Company does not arise as there are no Secured Creditors in the Applicant Company as stated in paragraph 14 of the Affidavit in Support of the Company 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 Composite Scheme of Arrangement
between Amarjyot Chemical Private Limited and Dilesh Logistics (India) Private Limited and Amrey Enterprises Private Limited and Draagon Drugs Private Limited and their respective Shareholders and Creditors is dispensed with in view of the consent given by the Unsecured Creditors of the Applicant Company, which are annexed as Exhibits "F-1" and "F-2" to the Affidavit in support of the Company Summons for Directions.
(S.J KATHAWALLA, J)