Powerica Sales And Services Pvt. Ltd. v. -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 598 OF 2016 In the matter of the Companies Act, 1956;

And In the matter of Section 391 & 394 of Companies Act, 1956;

And In the matter of Scheme of Amalgamation of NishkamaJagruti Developers Private Limited with Powerica Sales and Service Private Limited and their Respective Shareholders Powerica Sales and Service Private Limited a company Incorporated under the Companies Act, 1956 having its Registered office at B-171, Floor 17, Plot-85, B, Maker Tower, G. D. SomaniMarg, World Trade Center, Cuffe Parade, Mumbai-400005 .....................Applicant Called Summons for Direction for Hearing Mr. Hemant Sethi i/b. Hemant Sethi & Co., Advocates for the Applicant Coram: B. P. Colabawalla, J Date: 8th July 2016 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for

the Applicant Company, AND UPON READING the Affidavit dated 6th day of April 2016 of Mrs. Komal Nagdev, Authorized signatory of the Applicant Company, in support of Summons for Directions and the Exhibits therein referred to, IT IS ORDERED:

1. That 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), the Scheme of Amalgamation of Nishkama Jagruti Developers Private Limited with Powerica Sales and Service Private Limited and their Respective Shareholders, is dispensed with, in view of consent given by both the equity shareholders of the Applicant Company, which are annexed as Exhibits "F1" and "F2" to the Affidavit in support of the Company Summons for Direction.

2. There are no Secured and Unsecured Creditors in the Applicant Company, as mentioned in paragraph 10 of the affidavit in support of the Summons for Directions, hence the question of convening and holding the meetings of Secured & Unsecured Creditors does not arise. (B.P. COLABAWALLA, J) CERTIFICATE I certify that this Order uploaded is a true and correct copy of the original signed order. Uploaded By: Shankar Gawde, Stenographer