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Bombay High CourtCSD/660/2016

Forgeahead Solutions Pvt. Ltd. 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. 660 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 matter of Scheme of Amalgamation of Vertis Microsystems LLP (Transferor Company) Forgeahead Solutions Private Limited (Transferee Company) and their respective Designated Partners and Shareholders Forgeahead Solutions Private Limited } a Company incorporated under the } provisions of the Companies Act, 1956 } having its registered office at } Saraf Mansion, Ground Floor, } 40, Princess Street, Mumbai - 400 002 }.. Applicant Company 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 Company.

MINUTES OF THE ORDER Upon the application of the above named the Applicant Company by Company Summons for Directions AND upon hearing Mr. Suhas Joshi, Advocates for the Applicant Company AND upon reading the affidavit dated 29th March, 2016 of Mr. Chinubhai Shah, the Authorised Signatory of Applicant company 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 Forgeahead Solutions Private Limited, the Applicant/Transferee Company to consider and if thought fit, approving with or without modification(s), the Scheme of Amalgamation of Vertis Microsystems LLP, the Transferor Company Forgeahead Solutions Private Limited, Applicant/Transferee Company is dispensed with in view of the consents given by all the Six (6) Equity Shareholders of the Applicant Company, which are annexed as EXHIBIT I1 to I6 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 Applicant/Transferee Company to consider and if thought fit, approve or without modification(s), Scheme of Amalgamation of Vertis Microsystems LLP, the 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 Company states that as on 23rd March, 2016 there is One

(1) Secured creditor of the Applicant Company. The Applicant Company further states that as on 23rd March, 2016, there are 16 (Sixteen) Unsecured creditors of the value of Rs. 4,04,24,848.03. The Applicant Company undertakes to publish the notice of date of hearing of the petition in one issue each of a daily newspaper viz Free Presss Journal in English language and Navshakti in Marathi language, both circulated in Mumbai The Applicant Company also undertakes to serve individual notice of the date of hearing of the petition by R.P.A.D. to all its Secured and Unsecured Creditors. 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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