Ekansha Enterprise Private Limited v. 0
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 468 OF 2015 In the matter of the Companies Act, 1956 and the Companies Act, 2013, as applicable;
-AndIn the matter of Sections 391 to 394 of the Companies Act, 1956;
-AndIn the matter of the Scheme of Amalgamation of
(1) Amudha Venture Capital Private Limited,
(2) Deccan Finvest Private Limited,
(3) Ekansha Enterprise Private Limited,
(4) Relcom Venture Capital Private Limited,
(5) Reliance Consolidated Holdings Private Limited,
(6) Reliance Enterprises Holding Private Limited,
(7) Reliance Investment and Trading Private Limited,
(8) Rupali Commercials Private Limited, and
(9) Saumya Finance And Leasing Company Private Limited (collectively the "Transferor Companies") with
(10) Reliance Industries Holding Private Limited (the "Transferee Company")
Ekansha Enterprise Private Limited, ) a company incorporated under the Companies Act, ) 1956 and having its registered office at ) Office No. 84, Wing 'A', Mittal Court, 224, ) Nariman Point, Mumbai- 400 021 ) ...Applicant Company CALLED SUMMONS FOR DIRECTION FOR HEARING:
Mr. Arif Doctor i/b M/s. Junnarkar & Associates, Advocates for the Applicant Company.
Coram : S.C. Gupte, J.
Date : 26th June, 2015 MINUTES OF THE ORDER Upon the Application of the Applicant Company abovenamed by a Summons for Direction and UPON HEARING Mr. Arif Doctor i/b M/s. Junnarkar & Associates, Advocates for the Applicant Company, AND UPON READING the Affidavit dated 22nd April, 2015 of Mr. Bhavin S. Mehta, Company Secretary of the Applicant Company in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED THAT:- [1] The convening and holding of the meeting of Equity Shareholders of the Applicant Company, for the purpose of considering and, if
Commercials Private Limited and Saumya Finance And Leasing Company Private Limited (collectively the "Transferor Companies") with Reliance Industries Holding Private Limited (the "Transferee Company"), is dispensed with in view of the consents given by both the Equity Shareholders which are annexed as Exhibit "D-1" and Exhibit "D-2" to the Affidavit in Support of the Summons for Direction.
[2] The convening and holding of the meeting of Preference Shareholders of the Applicant Company, for the purpose of considering and, if Commercials Private Limited and Saumya Finance And Leasing Company Private Limited (collectively the "Transferor Companies") with Reliance Industries Holding Private Limited (the "Transferee Company"), is dispensed with in view of the consents given by both the Preference Shareholders which are annexed as Exhibit "F-1" and Exhibit "F-2" to the Affidavit in Support of the Summons for Direction.
[3] The question of convening and holding the meeting of Secured Creditors does not arise as there are no Secured Creditors of the Applicant Company, as stated in paragraph 16 of the Affidavit in Support of the Summons for Direction.
[4] The convening and holding of the meeting of Unsecured Creditors of the Applicant Company, for the purpose of considering and, if Commercials Private Limited and Saumya Finance And Leasing Company Private Limited (collectively the "Transferor Companies") with Reliance Industries Holding Private Limited (the "Transferee Company"), is dispensed with in view of the consents given by all the eight Unsecured Creditors which are annexed as Exhibit "H-1" to Exhibit "H-8" to the Affidavit in Support of the Summons for Direction.
(S.C. Gupte, J.)