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Bombay High CourtCSD/333/2015absolute

Sidhi Marketing Pvt. Ltd. v. -

2015-04-24Hon'Ble Shri Justice S.J. Kathawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 333 OF 2015. In the matter of Companies Act, 1956.

And In the matter of Sections 391 to 394 of the Companies Act, 1956, And In the matter of Scheme of Amalgamation of Sidhi Marketing Private Limited With International Transmission Limited Sidhi Marketing Private Limited, ) a Company incorporated under the ) Companies Act, 1956 having its ) Registered office at 501, Vasudeo ) Chambers, 5th floor, Opp. D-Mart, ) Mulund - Goregaon Link Road, ) Bhandup (West), Mumbai 400078.

) ... Applicant / Transferor Company

Called for Summons for Direction for hearing Mr. A.P. Kothari, Advocate for the Applicant. CORAM: S.J. Kathawalla, J.

DATE : 24th April, 2015 MINUTES OF THE ORDER Upon the application of the abovementioned Applicant Company by a Summons for Direction and UPON HEARING Mr. A.P.Kothari, Advocate for the Applicant and UPON READING the Affidavit dated 27th March 2015 of Mr. Sunderji Shah, Director of the Applicant Company in support of Summons for Direction and Exhibits therein referred thereto, IT IS ORDERED THAT: (1) The convening and holding 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], proposed scheme of amalgamation of Sidhi Marketing Private Limited with International Transmission Limited, is dispensed with in view of consent given by all the Nine Equity shareholders of the Applicant Company which are annexed as Exhibit C1 to C9 to affidavit in support of Company Summons for Direction.

(2) The question of convening the meeting of secured creditor does not arise as there are no secured creditors of the Applicant Company as mentioned in para 21 of the Affidavit in support of the Company Summons for Direction.

(3) The convening and holding the meeting of the Unsecured Creditor of the Applicant Company for the purpose of considering, and if thought fit, approving, with or without modification[s], the proposed scheme of amalgamation of Sidhi Marketing Private Limited with International Transmission Limited, is dispensed in view of consent given by its Unsecured Creditor which is annexed as Exhibit D1 to affidavit in support of Company Summons for Direction.

S.J. Kathawalla, J.