Allahabad Glass Works Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 581 OF 2015. In the matter of the Companies Act, 1 of 1956 and other relevant provisions of the Companies Act, 2013;
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provisions of the Companies Act, 2013;
AND In the matter of Scheme of Arrangement between ALLAHABAD GLASS WORKS PRIVATE LIMITED, the Demerged Company and R.J.M.
WAREHOUSING AND REALTORS PRIVATE First Resulting JAGMAL CONSTRUCTION & WAREHOUSE PRIVATE LIMITED, the Second Resulting Company and J.M.R. WAREHOUSE AND CONSTRUCTION PRIVATE LIMITED, the Third Resulting Company and their respective shareholders and creditors. ALLAHABAD GLASS WORKS PRIVATE ) LIMITED, a company incorporated under the ) Indian Companies Act, 1913 having its ) registered office at Punchsheel Block, Ground ) Floor, Panch Rasta crossing, D.D. Road, ) Mulund (West), Mumbai - 400080.
) ) ...Applicant Company.
Called Summons for Direction Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: S.C. Gupte, J.
Date: 17th July, 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 28th May, 2015 Mr. Sharad D. Chauhan, Director 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 Arrangement between ALLAHABAD GLASS WORKS PRIVATE Applicant / Demerged R.J.M.
WAREHOUSING AND REALTORS PRIVATE LIMITED, the First Resulting Company and JAGMAL CONSTRUCTION & WAREHOUSE PRIVATE LIMITED, the Second Resulting Company and J.M.R. WAREHOUSE AND CONSTRUCTION PRIVATE LIMITED, the Third Resulting Company is dispensed with in view of the consent given by all the Nine Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-9' to the Affidavit in support of Summons for Direction.
2.
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 28 of the Affidavit in support of Summons for Direction.
3.
The convening and holding of the meeting of the 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 ALLAHABAD GLASS WORKS PRIVATE Applicant / Demerged R.J.M.
WAREHOUSING AND REALTORS PRIVATE LIMITED, the First Resulting Company and JAGMAL CONSTRUCTION & WAREHOUSE PRIVATE LIMITED, the Second Resulting Company and J.M.R. WAREHOUSE AND CONSTRUCTION PRIVATE LIMITED, the Third Resulting Company is dispensed with in view of the averments made in paragraph 29 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to its all Unsecured Creditors and also to publish the same in two local news papers viz. "Free Press Journal", in English language and translation thereof in "Navshakti", in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.
(S. C. Gupte, J.)