M/S.Tpf Engineering Pvt Ltd Pvt v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTIONS NO.316 OF 2016 In the matter of the Companies Act 1 of 1956;
AND In the matter of Sections 391 to 394 of Companies Act, 1956 AND In the matter of Scheme of Arrangement of M/s. S N Bhobe and Associates Private Limited AND M/s.
TPF Engineering Private Limited AND Their respective Shareholders and Creditors M/s. TPF Engineering Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Unit No.10, Banking Complex No.
II, Plot No. 9 & 10, Sector-19A, Vashi, Navi Mumbai, Maharashtra400705, India..
) ) ) ) ) )........Applicant Company Called Summons for Direction for hearing Mr. Rahul Oak, Advocate for the Applicant Coram: B.P. Colabawalla, J.
Date: 22nd April, 2016 MINUTES OF THE ORDER UPON the application of the Applicant abovenamed by a Summons for Direction AND UPON HEARING Mr. Rahul Oak, Advocate for the Applicant, AND UPON READING the Affidavit Dated 16th day of March, of Mr.
Subhash Subramaniam, Authorised Signatory of the
Applicant, in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED THAT:- 1.
The convening and holding of the meeting of the Equity Shareholders of the Applicant, for the purpose of considering and if thought fit, approving with or without modification(s), the proposed Scheme of Arrangement of M/s. TPF Engineering Private Limited and M/s. S N Bhobe and Associates Private Limited and their respective shareholders and creditors, is dispensed with in view of the consent given by all three Equity Shareholders of the Applicant, which are annexed as Exhibits "D-1 to D-3" to the Affidavit in support of Summons for Direction.
2.
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 24 of the Affidavit in support of Summons for Direction.
3.
The convening and holding of the meeting of the Unsecured Creditors of the Applicant , for the purpose of considering and if thought fit, approving with or without modification(s), the proposed Scheme of Arrangement of M/s. TPF Engineering Private Limited and M/s. S N Bhobe and Associates Private Limited and their respective shareholders and creditors, is dispensed with in view of the averments made in paragraph 25 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notices of hearing of the Petition to all its Unsecured Creditors by R.P.A.D. and also publish the same in 'Free Press Journal', in English, language and a translation
thereof in 'Navshakti' 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.