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Bombay High CourtCSD/690/2015absolute

Candor Power Pvt. Ltd. v. -

2015-08-14Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 690 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 Amalgamation of CANDOR POWER PRIVATE LIMITED and JUICY INTERNATIONAL PRIVATE LIMITED and NIMBUS DEALERS PRIVATE LIMITED and LUXURY VINIMAY PRIVATE LIMITED and RASHIDHAN INFRASTRUCTURE PRIVATE LIMITED and MARINA COMMERCIAL PRIVATE LIMITED and SHREEJAY DEALTRADE PRIVATE LIMITED and SKYVIEW VINIMAY PRIVATE LIMITED and LUXURY AGENCIES PRIVATE LIMITED with SIRIUS MEDIA PRIVATE LIMITED and their respective Shareholders and Creditors.

Candor Power Private Limited, a company ) incorporated under the Companies Act, ) 1956 having its registered office at ) Multistoried Building, Unit No. 304 & 402, ) Seepz-Sez, Andheri (East), Mumbai, Maharashtra-400096.

...Applicant Company.

Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: S. C. Gupte, J.

Date: 14th August, 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 July, 2015 Mr. Satish Sharma, Authorized Signatory of the Applicant Company, in support of the Summons for Direction and the Exhibit therein 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 Amalgamation of CANDOR POWER PRIVATE LIMITED and JUICY INTERNATIONAL PRIVATE LIMITED and NIMBUS DEALERS PRIVATE LIMITED and LUXURY VINIMAY PRIVATE LIMITED and RASHIDHAN INFRASTRUCTURE PRIVATE LIMITED and MARINA COMMERCIAL PRIVATE LIMITED and SHREEJAY DEALTRADE PRIVATE LIMITED and SKYVIEW VINIMAY PRIVATE LIMITED and LUXURY AGENCIES PRIVATE LIMITED with SIRIUS MEDIA PRIVATE

LIMITED and their respective Shareholders and Creditors is dispensed with in view of the consent given by all the Four Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'D-1' to 'D-4' 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 25 of the Affidavit in support of Summons for Direction. 3.

That the question of convening and holding of the meeting of Unsecured Creditors does not arise since there are no Unsecured Creditors of the Applicant Company as stated in paragraph 26 of the Affidavit in support of Summons for Direction.

(S. C. Gupte, J.)