← Library
Bombay High CourtCSD/434/2016absolute

Dawn Healthcare India Pvt. Ltd. v. -

2016-06-17Hon'Ble Shri Justice B.P. Colabawalla2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 434 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956) (or re-enactment thereof upon effectiveness of Companies Act, 2013);

AND In the matter of Sections 100 to 104 of the Companies Act, 1956;

AND In the matter of Reduction of Equity Share Capital of Dawn Healthcare India Private Limited ) DAWN HEALTHCARE INDIA ) PRIVATE a company incorporated ) under the Companies Act, 1956 ) having its registered office at office ) No.1 , First Floor, Fine Mansion, 203, )........ Applicant Company D.N. Road, Fort, Mumbai-400001 Called Summons for Direction for hearing Mr. Hemant Sethi, i/b. Hemant Sethi & Co., Advocates for the Applicant. Coram: B. P. Colabawalla, J Date: 17th June, 2016 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 14th day of March, 2016 of Mr. Devendra Daga, Director of the Applicant Company, in support of Summons for Directions AND Table A adopted by the company in its

Articles of Association empowers the Applicant Company to reduce its Share Capital from time to time by passing a Special Resolution in any manner for the time being authorised by law AND the Applicant Company having passed Special Resolution with requisite majority at its Extraordinary General Meeting held on 12th day of February, 2016 being Exhibit - F to the Affidavit in Support of Company Summons for Directions, approving to reduce upto a maximum of 16,26,580 (Sixteen Lakhs Twenty Six Thousand Five Hundred and Eighty) Equity Shares of Rs. 1 each out of the existing paid up equity share capital of the Company of Rs. 17,26,580 (Rupees Seventeen Lakhs Twenty Six Thousand Five Hundred and Eighty) divided into 16,26,580 (Sixteen Lakhs Twenty Six Thousand Five Hundred and Eighty) Equity Shares of Rs.

1 each and 10,000 (Ten Thousand) Equity Shares of Rs. 10 each fully paid up, and that such reduction is effected by returning capital to the aforesaid Equity shareholders upto an aggregate amount not exceeding Rs. 15,75,00,000 (Rupees Fifteen Crores Seventy Five Lakhs) AND in view of the averment made in paragraph fifteen (15) of the affidavit in support of Company Summons for Direction stating therein that there are no Secured or Unsecured Creditors in the Applicant Company. In view of the above, the procedure prescribed under Section 101(2) of the Companies Act, 1956 is dispensed with.

(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