Sita Beach Resorts Private Limited v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 671 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 Composite Scheme of Arrangement and Amalgamation between Distant Frontiers Tours Private Limited, SITA Beach Resorts Private Limited, SITA Destination Management Private Limited, SITA Holidays (India) Private Limited, SITA Holidays Resorts Private Limited, SITA Incoming (India) Private Limited, SITA Travels Private Limited, SOTC Travel Services Private Limited, Travel Corporation (India) Limited and their respective shareholders and creditors SITA Beach Resorts Private Limited, ) a company incorporated under the provisions of the Companies ) Act, 1956 having its Registered Office at 8th Floor, Tower A, ) Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (West) ) Mumbai 400013 ) .....Applicant Company Called Summons for Direction for Hearing Mr. Hemant Sethi i/b. Hemant Sethi & 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. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 8th day of July, 2016 of Mrs. Kiran Agrawal, Authorised Signatory of the Applicant Company, in support of Summons for Directions and the Exhibits therein referred to, IT IS ORDERED:
1. That 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 Arrangement and Amalgamation between Distant Frontiers Tours Private Limited, SITA Beach Resorts Private Limited, SITA Destination Management Private Limited, SITA Holidays (India) Private Limited, SITA Holidays Resorts Private Limited, SITA Incoming (India) Private Limited, SITA Travels Private Limited, SOTC Travel Services Private Limited with Travel Corporation (India) Limited and their respective shareholders and creditors is dispensed with in view of consents given by all the three (3) the Equity Shareholders of the Applicant Company, which are annexed as Exhibits C1 to C3 to the Affidavit in support of Company Summons for Direction.
2. There are no Secured and Unsecured Creditors in the Applicant Company, as stated in paragraphs 19 and 20 of the affidavit in support of the Summons of Directions, hence, the question of convening and holding of the meetings of Secured and Unsecured 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.
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