Shrem Construction Private Limited v. 0
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 555 OF 2015. In the matter of the Companies Act, 1 of 1956 and other relevant provision of the Companies Act, 2013;
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provision 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 SHREM CONSTRUCTION PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at 1101, Viraj Towers, JN of Andheri Kurla Road, W. E. High Way, Andheri (East), Mumbai - 400 069.
) ) ) ) ) ) ) ...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 with in view of the consent given by all the three Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'M-1' to 'M-3' to the Affidavit in support of Summons for Direction.
2.
The convening and holding of the meeting of the Secured Creditors 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 with in view of the averments made in paragraph 32 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 Secured 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.
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 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
with in view of the averments made in paragraph 33 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.)