Cci Integrated Logistics Private Limited v. 0

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 415 OF 2015 In the matter of the Companies Act, 1956 And In the matter of Sections 391 to 394 of the Companies Act, 1956 And In the matter of CCI Integrated Logistics Private Limited;

And In the matter of Scheme of Arrangement between CCI Logistics Limited And CCI Integrated Logistics Private Limited And their respective shareholders and creditors.

CCI Integrated Logistics Private ) Limited, a company incorporated ) under the Companies Act, 2013 and ) having its registered Office at 202B, ) Corporate Centre Premises CHS Ltd.

) Andheri Kurla Road, J.B. Nagar, ) Andheri (East), Mumbai 400059 ) ...Applicant Company / Resulting Company Called for Summons of Direction for hearing Ms. Gargi Panwar i/b Rajani, Singhania & Partners, Advocates for the Applicant Company Coram: S. C. Gupte, J.

Dated: 12th June, 2015 MINUTES OF THE ORDER Upon the Application of the Applicant abovenamed by a Summon for Directions and UPON HEARING Ms Gargi Panwar, instructed by Rajani Singhania & Partners, Advocates for the Applicant, AND

UPON READING the Affidavit dated 30th April 2015 of Mr. Naresh Kumar Sharma, Director of the Applicant Company, in support of the Summons for Directions and the Exhibits thereto referred, 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 Scheme of Arrangement between CCI Logistics Limited and CCI Integrated Logistics Private Limited and their respective shareholders and creditors is dispensed with in view of the consents letters given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits "H-1" and Exhibit "H-2" of Affidavit in Support of Summons for Direction.

2.

That there are no Secured Creditors in the Applicant Company, as stated in paragraph 9 of the Affidavit in support of Summons for Direction which mentions that the Applicant Company has obtained a certificate dated 27th April 2015 from Roshan Kumar Bajaj, the Chartered Accountant certifying that the Applicant Company has no Secured

Creditors. Hence, the question of convening and holding of the meeting of Secured Creditors does not arise. 3.

That there are no Unsecured Creditors in the Applicant Company, as stated in paragraph 10 of the Affidavit in support of Summons for Direction which mentions that the Applicant Company has obtained a certificate dated 27th April 2015 from Roshan Kumar Bajaj, the Chartered Accountant certifying that the Applicant Company has no Unsecured Creditors. Hence, the question of convening and holding of the meeting of Unsecured Creditors does not arise. (S. C. Gupte, J.)