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Bombay High CourtCSD/386/2016absolute

Reliance Electric Generation And Supply Pvt. Ltd. v. -

2016-05-06Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 386 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956);

AND In the matter of Sections 391 to 394 of the Companies Act, 1956;

AND In the matter of Scheme of Arrangement BETWEEN Reliance Infrastructure Limited AND Reliance Electric Generation and Supply Private Limited AND their respective shareholders and creditors RELIANCE ELECTRIC ) GENERATION AND SUPPLY ) PRIVATE LIMITED , a company ) incorporated under the Companies Act, ) 1956 having its registered office at H ) Block, 1st Floor, Dhirubhai Ambani ) Knowledge City, Navi Mumbai 400 ) ) ........Applicant Company Called for Direction Mr. Janak Dwarkadas, Senior Counsel along with Mr. Rajesh Shah i/b. Rajesh Shah & Co. Advocates for the Applicant.

Coram: S. C. Gupte, J.

Dated: 6th May, 2016 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 Rajesh Shah & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 4th May, 2016 of Mr. Abhijit Banerjee, authorized representative of the Applicant Company, in support of Summons for Direction and the exhibits therein referred to, IT IS ORDERED THAT: 1.

That convening and holding of the meeting of the Equity Shareholders of Reliance Electric Generation and Supply Private Limited, the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification, the proposed Scheme of Arrangement between Reliance Infrastructure Limited ("the Transferor Company" or "RInfra") and Reliance Electric Generation and Supply Private Limited ("the Applicant Company" or "the Transferee Company" or "REGSPL") and their respective Shareholders and Creditors is dispensed with in view of the consents given by all Equity Shareholders of the Applicant Company which are annexed as 'Exhibit H1 to H2' to the affidavit in support of the Summons for Directions.

2.

There are no Secured Creditors of Reliance Electric Generation and Supply Private Limited, the Applicant Company, as mentioned in paragraph 16 of the affidavit, in support of the Summons for Directions, hence, the question of convening and holding the meeting of Secured Creditors does not arise. 3.

That convening and holding the meeting of the Unsecured Creditors of Reliance Electric Generation and Supply Private Limited, the Applicant Company, to consider and, if thought fit, approve, with or without modifications, the proposed Scheme of Arrangement between Reliance

Infrastructure Limited ("the Transferor Company" or "RInfra") and Reliance Electric Generation and Supply Private Limited ("the Applicant Company" or "the Transferee Company" or "REGSPL") and their respective Shareholders and Creditors is dispensed with in view of the averments made in paragraph 17 of the affidavit dated 4th day of May, 2016 of Mr. Abhijit Banerjee, Authorised Representative in support of the Summons for Directions. The Applicant Company undertakes to serve individual notice of the hearing of the Petition by R.P.A.D. upon all its Unsecured Creditors and also to publish the same in "Free Press Journal", in English and "Navshakti", in Marathi having circulation in Mumbai. Publication in Maharashtra Government Gazette is dispensed. The undertaking is accepted.

(S. C. Gupte,J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order. Uploaded by : Shankar Gawde, Stenographer.