Kayaa Properties Private Limited v. 0

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 553 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 Amalgamation of SHREM ANIRUDDHA POWER PRIVATE LIMITED, the First Transferor Company AND SHREM CONDO APARTMENTS PRIVATE LIMITED, the Second Transferor Company AND KAYAA PROPERTIES PRIVATE LIMITED, the Third Transferor Company AND SHREM MINING PRIVATE LIMITED, the Fourth Transferor Company WITH SHREM CONSTRUCTION PRIVATE LIMITED, the Transferee Company KAYAA PROPERTIES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at Plot No. 2, New India Society, JVPD Scheme, Juhu, Near Juhu Church Bus Depot, Mumbai - 400 056.

) ) ) ) ) ) ) ...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: 10th 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 29th May, 2015 Mr. Ashish O. Lalpuria, 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 SHREM ANIRUDDHA POWER PRIVATE LIMITED, First Transferor Company and SHREM CONDO APARTMENTS PRIVATE LIMITED, the Second Transferor Company and KAYAA PROPERTIES PRIVATE LIMITED, the Third Transferor Company and SHREM MINING PRIVATE LIMITED, the Fourth Transferor Company with SHREM CONSTRUCTION PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the three Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-3' to the Affidavit in support of Summons for Direction.

2.

That 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 32 and 33 respectively of the Affidavit in support of Summons for Direction.

(S. C. Gupte, J.)