Thinkbed Technology Pvt Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 655 OF 2016 In the matter of the Companies Act, 1956 (1 of 1956);
AND In the matter of Sections 391 to 394 of the Companies Act, 1956;
AND In the matter of Scheme of Amalgamation and Arrangement between Thinkbed Technology Private Limited ('TTPL' or 'the Transferor Company') AND Dosch Pharmaceuticals Private Limited ('DPPL' or ' The Transferee Company') AND Their Respective Shareholders THINKBED TECHNOLOGY PRIVATE LIMITED, a Company incorporated under the provisions of Companies Act, 1956 having its registered office at 1/67, Om Heera Panna Premises CHS Ltd, Near Mega Mall, Oshiwara Link Road, Jogeshwari (west), Mumbai-400053, Maharashtra, India ) ) ) ) ) ) ) ) ) ......Applicant Company Called Summons for Direction for hearing Mr. Rajesh Shah i/b. Rajesh Shah & Co., Advocates for the Applicant. Coram: B. P. Colabawalla, J.
Date: 5th August, 2016
MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING Mr. Rajesh Shah instructed by Rajesh Shah & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 27th day of June, 2016 of Mr. Paresh Bhatt Authorized signatory of the Applicant Company, in support of Summons for Directions and the Exhibits therein referred to, IT IS ORDERED THAT:
1. The convening and holding of 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 and Arrangement between Thinkbed Technology Private Limited ('TTPL' or 'the Transferor Company') and Dosch Pharmaceuticals Private Limited ('DPPL' or ' The Transferee Company') and their respective shareholders, is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits 'C1' and 'C2' to the affidavit in support of the Summons for Directions.
2. There are no Secured Creditors of the Applicant Company as mentioned in paragraph 11 of the affidavit in support of Summons for Directions. Hence, the question of convening and holding the meeting of Secured Creditors does not arise.
3. There are no Unsecured Creditors of the Applicant Company as mentioned in paragraph 12 of the affidavit in support of Summons for Directions. Hence, the question of convening and holding the meeting of Secured Creditors does not arise.
(B. P. Colabawalla, J) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order. Uploaded by: Shankar Gawde, Stenographer.