Sealink Engineering Services Private Limited v. 0
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 428 OF 2015. In the matter of the Companies Act, 1 of 1956 and other relevant provision of the Companies Act, 2013;
AND In the matter of Sections 391 to 394 read with section 100 to 103 of the Companies Act, 1956 and section 52 and other relevant provision of the Companies Act, 2013;
AND In the matter of Scheme of Arrangement between AAA PIVOTAL ENTERPRISES PRIVATE LIMITED and ACEROCK INFRASTRUCTURE & CONSULTING PRIVATE LIMITED and SEALINK ENGINEERING SERVICES PRIVATE LIMITED and TRANS-AMERICAS ENTERPRISE PRIVATE LIMITED with AAA CORPORATION PRIVATE LIMITED and their respective shareholders and creditors.
SEALINK ENGINEERING SERVICES ) PRIVATE LIMITED, a company ) incorporated under the Companies Act, ) 1956 having its registered office at 502, ) Plot No. 91/94, Prabhat Colony, Santacruz ) (East), Mumbai - 400 055.
) ...Applicant Company.
Called Summons for Direction Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant
Coram: S. C. Gupte, J.
Date: 12th June, 2015 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 15th April, 2015 Mr. Pramod Satam Jointly with Mr. Pushkar Marathe, Authorised Signatories of the Applicant Company, in support of the Summons for Direction and the Exhibit 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 proposed Scheme of Arrangement between AAA PIVOTAL ENTERPRISES PRIVATE LIMITED, the First Transferor Company and ACEROCK INFRASTRUCTURE & CONSULTING PRIVATE LIMITED, the Second Transferor Company and SEALINK ENGINEERING SERVICES PRIVATE LIMITED, the Third Transferor Company and TRANS-AMERICAS ENTERPRISE PRIVATE LIMITED, the Fourth Transferor Company with AAA CORPORATION PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company, which are annexed
as Exhibit 'C-1' and 'C-2' to the Affidavit in support of Summons for Direction.
2.
That the question of convening and holding of the meeting of Secured Creditors does not arise since there are no Secured Creditors of the Applicant Company as stated in paragraph 32 of the Affidavit in support of Summons for Direction.
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 Arrangement between AAA PIVOTAL ENTERPRISES PRIVATE LIMITED, the First Transferor Company and ACEROCK INFRASTRUCTURE & CONSULTING PRIVATE LIMITED, the Second Transferor Company and SEALINK ENGINEERING SERVICES PRIVATE LIMITED, the Third Transferor Company and TRANS-AMERICAS ENTERPRISE PRIVATE LIMITED, the Fourth Transferor Company with AAA CORPORATION PRIVATE LIMITED, the Transferee Company is dispensed with in view of the averments made in paragraph 33 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to its all Unsecured Creditors and also to publish the same in two local news papers viz. "Free Press Journal", in English language and translation
thereof in "Navshakti", in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.
(S. C. Gupte, J.)