Cowes Bay Trading Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURIDICTION COMPANY SUMMONS FOR DIRECTIONS NO.695 OF 2016
IN THE MATTER OF SECTIONS 391 TO 394
OF THE COMPANIES ACT, 1956 (OR REENACTMENT THEREOF UPON EFFECTIVENESS OF COMPANIES ACT, 2013) AND IN THE MATTER OF AGRITRADEX COMMODITIES (INDIA) PRIVATE LIMITED AND ATRADEX COMMODITIES PRIVATE LIMITED AND ISHAR TRADING PRIVATE LIMITED AND ISHARANI TRADING PRIVATE LIMITEDANDAMRUT SAGAR TRADING PRIVATE LIMITED ("TRANSFEROR COMPANIES") WITHCOWES BAY TRADING PRIVATE LIMITED ("TRANSFEREE COMPANY") COWES BAY TRADING PRIVATE LIMITED, ) A company incorporated under the ) Companies Act, 1956, having its registered ) Office at 35 C Wing, 3rd Floor, )
Film Centre, 68, Tardeo Road, ) Mumbai - 400 034 )......Applicant Company (Transferee Company) Called Summons for Direction for Hearing Mr. Mahesh HaridasChandanshiv,Advocate for Applicant Company CORAM: B.P.COLABAWALLA J.
DATE:12.08.2016 MINUTES OF THE ORDER UPON the Application of the abovenamed Company by Summons for Directions AND UPON HEARINGMr. Mahesh HaridasChandanshiv, the Advocate for the Applicant Company and UPON READING the Affidavit of ChetanRatilalIsharani dated 31st day of March, 2016 and the Exhibits therein referred to, IT IS ORDERED THAT, 1.
The convening of the meeting of the Equity Shareholders of COWES BAY TRADINGPRIVATE LIMITED, the Applicant Company
AMRUT SAGAR TRADING PRIVATE LIMITED being Fifth Transferor Transferee Company is dispensed with in view of consent given by all the three shareholders of the Applicant Company which is annexed and marked Exhibit-ZB-1 to Exhibit-ZB-3 to the Affidavit in support of company Summons for Directions of the Applicant Company.
2.
The convening of the meeting of the Preference Shareholders of COWES BAY TRADING PRIVATE LIMITED, the Applicant Company AMRUT SAGAR TRADING PRIVATE LIMITED being Fifth Transferor Company with COWES BAY TRADING PRIVATE LIMITED being Transferee Companyisdispensed with in view of consent given by the Sole Preference Shareholder of the Applicant Company which is annexed and marked Exhibit-ZD to the Affidavit in support of Company Summons for Directions of the Applicant Company.
3.
The convening of the meeting of the Unsecured Creditors of COWES BAY TRADINGPRIVATE LIMITED, the ApplicantCompany AMRUT SAGAR TRADING PRIVATE LIMITED being Fifth Transferor Transferee Company isdispensed with in view of consent given by the Un-secured Creditors of the Applicant Company which are annexed and marked Exhibit "ZF-1" to Exhibit-ZF-3to the Affidavit in support of Company Summons for Directions of the Applicant company. The Applicant Company undertakes to publish the date of hearing of Company Scheme Petition in two newspapers namely, the Free Press Journal in English and the Translation thereof in Marathi in Navshakti both having publication in Mumbai. The said undertaking is accepted.
4.
The convening of the meeting of the Secured Creditors of COWES BAY TRADINGPRIVATE LIMITED, the Applicant Company for the purpose of considering, and if thought fit, approving with or without modification, a scheme of Amalgamation of AGRITRADEX
COMMODITIES (INDIA) PRIVATE LIMITED being First Transferor Company and ATRADEX COMMODITIES PRIVATE LIMITED being Second Transferor Company and ISHAR TRADING PRIVATE LIMITED being Third Transferor Company and ISHARANI TRADING PRIVATE LIMITED being Fourth Transferor Company and AMRUT SAGAR TRADING PRIVATE LIMITED being Fifth Transferor Transferee Company isdispensed with in view of consent given by the Secured Creditors of the Applicant Company which is annexed and marked Exhibit-ZH to the Affidavit in support of Company Summons for Directions of the ApplicantCompany. The Applicant Company undertakes to publish the date of hearing of Company Scheme Petition in two newspapers namely, the Free Press Journal in English and the Translation thereof in Marathi in Navshakti both having publication in Mumbai.
The said undertaking is accepted.
(B. P. COLABAWALLA J.)
CERTIFICATE I certify that this Order uploaded is a true and correct copy of the Original signed Order.
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