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Bombay High CourtCSD/659/2016

Vertis Microsystems Llp v. -

2016-08-05Hon'Ble Shri Justice B.P. Colabawalla4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 659 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 In the matter of Scheme of Amalgamation of Vertis Microsystems LLP (Transferor LLP) with Forgeahead Solutions Private Limited (Transferee Company) and their respective Designated Partners and Shareholders Vertis Microsystems LLP } a Limited Liability Partnership } Registered under the provisions of the } Limited Liability Partnership Act, 2008 } having its registered office at } B-407, Fourth Floor, Teerth } Technospace IT Park, } Off Mumbai - Bangalore Highway, } Baner, Pune, Maharashtra - 411 045 }...The Applicant LLP

Called for Summons for Directions for hearing Coram :

B.P. Colabawalla J.

Date :

5th August, 2016.

Mr. Suhas Joshi i/b Legalogic Consulting, Advocates for the Applicant LLP.

MINUTES OF THE ORDER Upon the application of the above named the Applicant LLP by Company Summons for Directions AND upon hearing Mr. Suhas Joshi, Advocates for the Applicant LLP AND upon reading the affidavit dated 29th March, 2016 of Ms. Sheela Shah, the Authorised Signatory of Applicant LLP in support of the Company Summons for Directions and the Exhibits referred to therein IT IS ORDERED:-

1) That convening and holding of the meeting of the Equity Shareholders of Vertis Microsystems LLP, the Applicant/Transferee LLP to consider and if thought fit, approving with or without modification(s), the Scheme of Amalgamation of Vertis Microsystems LLP, the Applicant/Transferor LLP with Forgeahead Solutions Private Limited, the Applicant/Transferee LLP is dispensed with in view of the consents given by all the Two (2) Designated Partners of the Applicant LLP, which are annexed as EXHIBIT I1 to I2 to the affidavit in support of Company Summons for Direction.

2) That convening and holding of the meeting of the Secured and Unsecured Creditors of Forgeahead Solutions Private Limited, the Transferee Company to consider and if thought fit, approve with or without modification(s), the Scheme of Amalgamation of Vertis Microsystems LLP, the Applicant/Transferor LLP with Forgeahead Solutions Private Limited, the Transferee Company is dispensed with in view of averments made in paragraph 22 of the affidavit in support of Company Summons for Direction. The Applicant LLP states that as on 23rd March, 2016 there are no Secured creditor of the Transferor LLP. The Applicant LLP further states that as on 23rd March, 2016, there are 4 (Four) Unsecured creditors of the value of Rs. 2,00,713.98.

The Applicant LLP undertakes to publish the notice of date of hearing of the petition in one issue each of a daily newspaper viz Economic Times in English language and Maharashtra Times in Marathi language, both circulated in Pune. The Applicant LLP also undertakes to serve individual notice of the date of hearing of the petition by R.P.A.D. to all its Unsecured Creditors and there are no secured Creditor/s. The said undertaking is accepted.

(B.P. Colabawalla, J.)

C E R T I F I C A T E I certify that this Order uploaded is a true and correct copy of original signed order.

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