Shree Veer Balaji Textiles Pvt. Ltd. v. -

THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 334 OF 2016. In the matter of the Companies Act, 1956 (1 of 1956) ;

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

AND In the matter of Scheme of Amalgamation of Shree Ganpati Jute Products Private Limited, the First Transferor Company, Mahavir Greenhouse Projects Private Limited, the Second Transferor Company, Durgapur Sponge Private Limited, the Third Transferor Company and Shree Veer Balaji Textiles Private Limited the Fourth Transferor Company with Harit Fabtex (India) Private Limited, the Transferee Company.

Shree Veer Balaji Textiles Private Limited, a company incorporated under the Companies Act, having its registered office at situated at C-2, Gurudev Complex, Sonale Village, Bhiwandi Thane Maharashtra 421302 ) ) ) ) ) ) ) ...Applicant Company.

Called Summons for Direction for hearing Mr. Chandrakant Mhadeshwar, Advocates for the Applicant Company. Coram: B.P. Colabawalla, J.

Date: 22nd April, 2016 MINUTES OF ORDER UPON the application of the Applicant Company above named by a

Summons for Direction AND UPON HEARING Mr.

Chandrakant Mhadeshwar, Advocates for the Applicant Company, AND UPON READING the Affidavit dated 29th day of March, 2016 of Mr Sushilkumar Gajanand Sharma, Director of the Applicant Company, in support of Company Summons for Direction and the Exhibits referred to 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 proposed Scheme of Amalgamation of Shree Ganpati Jute Products Private Limited, the First Transferor Company, Mahavir Greenhouse Projects Private Limited, the Second Transferor Company, Durgapur Sponge Private Limited, the Third Transferor Company and Shree Veer Balaji Textiles Private Limited the Fourth Transferor Company with Harit Fabtex (India) Private Limited, the Transferee Company, is dispensed with in view of the consent given by both Equity Shareholders of the Applicant Company which are annexed as Exhibits "C-1" and "C-2" to the Affidavit in Support of Company Summons for Direction.

2.

There are no Secured Creditors of the Applicant Company as stated in paragraph 12 of the Affidavit in Support of Company Summons for Direction. Hence, the question of convening and holding meeting of Secured Creditors does not arise.

3.

The convening and holding the meeting of the Unsecured Creditors 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 Shree Ganpati Jute Products Private Limited, the First Transferor Company, Mahavir Greenhouse Projects Private Limited, the Second Transferor Company, Durgapur Sponge Private Limited, the Third Transferor Company and Shree Veer Balaji Textiles Private Limited the Fourth Transferor Company with Harit Fabtex (India) Private Limited, the Transferee Company, is dispensed with in view of the consent given by all five Unsecured Creditors of the Applicant Company which are annexed as Exhibits "D-1" to "D-5" to the Affidavit in Support of Company Summons for Direction.

(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.