August Infomedia And Entertainment Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 594 OF 2016 In the matter of Companies Act, 1956 (1 of 1956) AND In the matter of Sections 391 to 394 and other applicable provisions of the Companies Act, 1956 and the Companies Act, 2013 AND In the matter of Scheme of Arrangement between Indsource Packaging Private Limited ("IPPL") (Demerged Company) and August Infomedia and Entertainment Private Limited ("AIEPL") Resulting Company and their respective Shareholders August Infomedia and Entertainment Private Limited, a company incorporated under the provisions of Companies Act, 1956, having its Registered Office at Office No. 414, Laxmi Plaza, Off Link Road, Laxmi Industrial Estate , Andheri (w) , Mumbai 4000053 ) ) ) ) ) ......Applicant Company Called Summons for Direction for Hearing Mr. Hemant Sethi with Mr.
Ajit Singh Tawar i/b. Hemant Sethi & Co., Advocates for the Applicant Company CORAM: B.P. Colabawalla, J DATE: 8th July 2016 MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Company Summons for Direction AND UPON HEARING Mr.
Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 25th day of April, 2016 of Mrs. Palak Swapnil Desai, Authorised Signatory of the Applicant Company, in support of Company Summons for Direction, and the Exhibits there in referred to, 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), the proposed Scheme of Arrangement between Indsource Packaging Private Limited and August Infomedia and Entertainment Private Limited and their respective Shareholders, is dispensed with, in view of the consents given by all the three Equity Shareholders of the Applicant Company, which are annexed as Exhibits "H-1" to "H-3" to the Affidavit in support of the Company Summons for Direction.
2. There are no Secured Creditors of the Applicant Company as stated in paragraph 11 of the Affidavit in support of Company Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise.
3. The convening and holding the meeting of 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 Indsource Packaging Private Limited and August Infomedia and Entertainment Private Limited and their respective Shareholders, is dispensed with, in view of consents given by both the Unsecured Creditors of the Applicant Company, which are annexed as
Exhibits "I-1" and "I-2" to the Affidavit in support of the Company Summons for Direction.
(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