M/S. Shirt Company (India) Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTIONS NO.846 OF 2015 In the matter of the Companies Act 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 and Arrangement of Together Textile Mills India Private Limited WITH Shirt Company (India) Private Limited and Their Respective Shareholders and Creditors Shirt Company (India) Private Limited, a Company Incorporated under The Companies Act, 1956 having its Registered Office at 2 Brady Glady Plaza1/447 Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra-400013, India.
) ) ) ) ) ) ) ) ) ...Applicant Company Called for Summons for Direction for hearing Mr. Rahul Oak, Advocate for the Applicant Coram: S. C. Gupte, J.
Date : 30th October, 2015 MINUTES OF THE ORDER UPON the application of the Applicant Company abovenamed by a Summons for Direction AND UPON HEARING Mr. Rahul Oak, Advocate for the Applicant Company, AND UPON READING the
Affidavit Dated 30th day of March, 2015 and further Affidavit dated 23rd October, 2015 of Mr. Ashvin Shetty, Authorised Signatory of the Applicant Company, in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:- 1.
The convening and holding of 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 and Arrangement of Together Textile Mills India Private Limited with Shirt Company (India) Private Limited and Their Respective Shareholders and Creditors, is dispensed in view of the consents given by all the eight Equity Shareholders of the Applicant Company, which are annexed as Exhibits "J-1" to "J-8" to the Affidavit in support of Summons for Direction. 2.
The convening and holding of the meeting of the Secured 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 and Arrangement of Together Textile Mills India Private Limited with Shirt Company (India) Private Limited and Their Respective Shareholders and Creditors, is dispensed in view of the consents given by all the eight Secured Creditors of the Applicant Company, which are annexed as Exhibits
"A-1" to "A-8" to the further Affidavit in support of Summons for Direction dated 23rd October, 2015.
3.
The convening and holding of 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 and Arrangement of Together Textile Mills India Private Limited with Shirt Company (India) Private Limited and their Respective Shareholders and Creditors, is dispensed with in view of the averments made in paragraph 27 of the Affidavit in support of the Summons for Direction and that Applicant Company undertakes to issue individual notices of hearing of the Petition by R.P.A.D. to all its Unsecured Creditors and also publish the same in 'Free Press Journal', in English, language and a translation thereof in 'Navshakti' in Marathi language both having circulation in Mumbai. The said undertaking is accepted.
(S. C. Gupte, 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.
Uploaded by : Shankar Gawde, Stenographer