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Bombay High CourtCSD/380/2015disposed off

Neetnav Realtors Private Limited v. 0

2015-05-08Hon'Ble Shri Justice S.J. Kathawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.380 OF 2015 In the matter of the Companies Act, 1 of 1956 and other relevant provision of the Companies Act, 2013;

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

AND In the matter of Scheme of Amalgamation of NEETNAV REALTORS PRIVATE LIMITED, the First Transferor Company AND PARAS GATE INDIA PRIVATE LIMITED, the Second Transferor Company WITH PARAS FLOWFORM LIMITED, the Transferee Company NEETNAV REALTORS PRIVATE ) LIMITED, a company incorporated ) under the Companies Act, 1956, and ) having its Registered Office situated at ) A/396-397, TTC Industrial Area, ) MIDC, Mahape, Navi Mumbai- 400703 ) ...Applicant Company.

Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant

Coram: S.J. Kathawalla, J.

Date: 8th May, 2015 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 16th March, 2015 Mr. Keyur Kenia, Director of the Applicant Company, in support of the Summons for Direction and the Exhibit therein referred to, IT IS ORDERED:- 1.

That 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 NEETNAV REALTORS PRIVATE LIMITED, the First Transferor Company and PARAS GATE INDIA PRIVATE LIMITED, the Second Transferor Company with PARAS FLOWFORM LIMITED, Transferee Company is dispensed with in view of the consent given by all the three Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-3' 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 23 of the Affidavit in support of Summons for Direction. 3.

That the convening and holding the meeting of the Unsecured Creditor 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 NEETNAV REALTORS PRIVATE LIMITED, the First Transferor Company and PARAS GATE INDIA PRIVATE LIMITED, the Second Transferor Company with PARAS FLOWFORM LIMITED, Transferee Company is dispensed with in view of the consent given by the Unsecured Creditors of the Applicant Company, which is annexed as Exhibit 'D-1' to 'D-5' to the Affidavit in support of Summons for Direction.

(S. J.Kathawalla, J.)