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Bombay High CourtCSD/315/2016absolute

Snk Solutions Pvt. Ltd. v. -

2016-04-22Hon'Ble Shri Justice B.P. Colabawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 315 OF 2016 In the matter of the Companies Act, 1956/2013 AND In the matter of application under Sections 391 to 394 of the Companies Act, 1956.

AND In the matter of SNK Solutions Private Limited, a company incorporated under the provisions of the Act, AND In the matter of SCHEME OF AMALGAMATION OF SNK ETAX SOLUTIONS LIMITED, AND SNK AND TAJ SOLUTIONS PRIVATE LIMITED, WITH SNK SOLUTIONS PRIVATE LIMITED SNK Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 303, 3rd Floor, Konark Sharma, 156, Pandit Madan Mohan Malviya Marg, Tardeo, Mumbai - 400049, Maharashtra .....Applicant / Transferee Company

Called Summons for Direction for Hearing Mr. Naser Ali Rizvi a/w Mr. Shabbir Z. Jariwala i/b. M/s. Thakore Jariwala & Associates, Advocates for the Applicant CORAM: B. P. Colabawalla, J.

DATE : 22nd April, 2016 MINUTES OF THE ORDER UPON the application of SNK Solution Private Limited, the Applicant above named by Summons for Direction AND upon hearing Mr. Naser Rizvi Advocate for the Applicant Company and upon reading the Affidavit dated 17th March, 2016 of Mr. Sanjay Natavarlal Kapadia, Director of the Applicant Company in support of Summons for Direction and the Exhibits therein, 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), Scheme of Amalgamation of SNK ETAX Solutions Limited i.e. the First Transferor Company and SNK and Taj Solution Private Limited i.e. the Second Transferor Company with SNK Solution Private Limited the Applicant/Transferee Company, is dispensed with in view of the consent given by all the fifteen Equity Shareholders of the Applicant Company, which are annexed as Exhibits "N-1 to N-15" to the Affidavit-in-support of the Summons for Direction.

2. There are no Secured Creditors of the Applicant Company as stated in paragraph 33 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise.

3. There are no Unsecured Creditors of the Applicant Company as stated in paragraph 34 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Unsecured Creditors does not arise.

(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