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Bombay High CourtCSD/583/2015absolute

Jagmal Construction And Warehouse Pvt. Ltd. v. -

2015-07-17Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 583 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 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 and their respective shareholders and creditors. JAGMAL CONSTRUCTION & ) WAREHOUSE PRIVATE LIMITED, a ) company incorporated under the Indian ) Companies Act, and having its ) Registered office at Kings Appartment, Flat ) no 4, Plot no 4, new UCO Bank, 10th RD ) JVPD Scheme, Vile Parle -West, Mumbai - ) 400056.

) ...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 Arun Shamji 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 LIMITED, the Demerged Company and R.J.M. WAREHOUSING AND REALTORS PRIVATE LIMITED, the First Resulting Company and JAGMAL CONSTRUCTION & WAREHOUSE PRIVATE LIMITED, the Applicant / 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 'C1' 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 and Unsecured Creditors does not arise since there are no Secured

Creditors and Unsecured Creditors of the Applicant Company as stated in paragraph 28 of the Affidavit in support of Summons for Direction. (S. C. Gupte, J.)