Draagon Drugs Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICITON COMPANY SUMMONS FOR DIRECTION NO 311 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 Draagon Drugs Private Limited, a company } incorporated under the Companies Act, 1956 and having its } registered office at Gala No. 202, Udyog Kshetra, P. No. 71, } Nahur, LBS Marg, 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 8 (eight) 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 convening and holding 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 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 Secured Creditor of the Applicant Company, which is
annexed as Exhibit "F" to the Affidavit in support of the Company Summons for Directions.
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 consent given by some of the Unsecured Creditors of the Applicant Company, which are annexed as Exhibits "H-1" to "H-7" to the Affidavit in support of the Company Summons for Directions and in view of averments made in paragraph 15 of the Affidavit in support of Company Summons for Direction and upon an undertaking given by the Applicant Company to issue individual notice of the date of hearing of the Company Scheme Petition to its remaining Unsecured Creditors by RPAD and also publish the same in two local newspapers namely 'Free Press Journal' in English language and translation thereof in 'Navshakti' in Marathi Language both having circulation in Mumbai.
The said undertaking is accepted. (S.