M/S. Lord Enclave Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTIONS NO.557 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 HEMANI AGRO CHEM PRTVATE LIMITED AND LORD ENCLAVE PRIVATE LIMITED WITH HEMANI CHEMIORGANIC PRTVATE LIMITED AND Their Respective Shareholders and Creditors LORD ENCLAVE PRIVATE LIMITED, ) A company incorporated under ) provisions of Companies Act, 1956, ) having registered office at, 706/710, ) Reena Complex, Ramdev Nagar Road, )
Vidyavihar (West), Mumbai, ) Maharashtra-400086 ) ...Applicant Company Called for Summons for Direction Mr. Rahul Oak, Advocate for the Applicant Coram: S. C. Gupte, J.
Date : 10th July, 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 Mr. Sharad Pandurang Dalvi, 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 Hemani Agro Chem Private Limited and Lord Enclave Private Limited with Hemani Chemiorganic Private Limited and their respective shareholders and creditors, is dispensed in view of the consents given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits "D-1" and "D-2" to the Affidavit in support of Summons for Direction.
2.
That there are no Secured Creditors and Unsecured Creditors of the Applicant Company as stated in paragraphs 25 and 26 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors and Unsecured Creditors does not arise.
(S. C. Gupte, J.)