Suruchi Holdings Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 276 OF 2015 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 Suruchi Holdings Private Limited, a company incorporated under the provisions of the Act, 1956;
AND In the matter of Scheme of Amalgamation Of Suruchi Holdings Private Limited, And Samiran Jaipur Windfarms Private Limited With Tanti Holdings Private Limited Suruchi Holdings Private Limited, a ) company incorporated under the) provisions of the Companies Act, 1956) and having its registered office at C-6,) Phase-1, Liberty Co-operative Society,) North Main Road, Koregaon Park, Pune-) 411001.
) ....Applicant Company
Called Summons for Direction for Hearing Mr. Naser Ali Rizvi a/w Mr. Jayesh Gawde i/b. M/s. Thakore Jariwala & Associates, Advocates for Applicant.
Coram: S. J. Kathawalla, J.
Date : 10th April, 2015 MINUTES OF THE ORDER UPON the application of the Applicant above named by Company Summons for Direction AND UPON hearing Mr. Naser Ali Rizvi a/w Mr. Jayesh Gawde, instructed by M/s. Thakore Jariwala and Associates, Advocates for the Applicant Company AND UPON reading the Affidavit dated 10th March, 2015 of Mr. Vinod Ranchhod Tanti, Director of the Applicant Company, in support of Company Summons for Direction and the Exhibits therein, 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 Scheme of Amalgamation of Suruchi Holdings Private Limited and Samiran Jaipur Windfarms Private Limited with Tanti Holdings Private Limited is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits "N-1 and N-2" to the Affidavit in Support of the Company Summons for Direction.
2. The convening and holding the meeting of the Preference Shareholders of the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification(s), the Scheme of Amalgamation of
Suruchi Holdings Private Limited and Samiran Jaipur Windfarms Private Limited with Tanti Holdings Private Limited is dispensed with in view of the consent given by all the three the Preference Shareholders of the Applicant Company, which are annexed as Exhibits "O-1 to O-3" to the Affidavit in Support of the Company Summons for Direction.
3. The convening and holding the meeting of the Secured Creditor of the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification(s), the Scheme of Amalgamation of Suruchi Holdings Private Limited and Samiran Jaipur Windfarms Private Limited with Tanti Holdings Private Limited is dispensed with in view of the consent given by its Secured Creditor of the Applicant Company, which is annexed as Exhibits "P-1" to the Affidavit in Support of the Company Summons for Direction.
4. 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 Scheme of Amalgamation of Suruchi Holdings Private Limited and Samiran Jaipur Windfarms Private Limited with Tanti Holdings Private Limited is dispensed with in view of the consent given by the Unsecured Creditor of the Applicant Company, which is annexed as Exhibits "Q-1" to the Affidavit in Support of the Company Summons for Direction.
(S. J. Kathawalla, J.)