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Bombay High CourtCSD/592/2015absolute

Religare Invesco Asset Management Company Pvt. Ltd. v. -

2015-07-24Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 592 OF 2015 In the matter of Companies Act, 1956 (1 of 1956) and Companies Act, 2013;

And In the matter of Sections 100 to 104 of the Companies Act, 1956 read with Section 52 of the Companies Act, 2013 (Corresponding to Section 78 of the Companies Act, 1956);

And In the matter of Reduction of share capital (Securities Premium Account) of Religare Invesco Asset Management Company Private Limited Religare Invesco Asset Management } Company Private Limited, a } Company incorporated under the } Companies Act, 1956 and having its } Registered Office at 3rd Floor, GYS } Infinity, Paranjpe 'B'

Scheme, } Subhash Road, Vile Parle (E), } Mumbai - 400 057.

} ..... Applicant Company Called Summons for Direction for hearing Mr. Rajesh Shah i/b Rajesh Shah & Co, Advocates for the Applicant Company.

CORAM: S. C. Gupte, J DATE: 24th July, 2015 MINUTES OF ORDER UPON THE APPLICATION of the above named Applicant Company by a Company Summons for Directions dated 26th day of June, 2015 AND UPON HEARING Mr. Rajesh Shah, instructed by M/s. Rajesh Shah & Co., Advocates for the Applicant Company AND UPON READING the affidavit dated 26th June, 2015 of Mr. Suresh Jakhotiya, Head - Compliance and Risk of the Applicant Company in support of Company Summons for Direction AND Article No.

210 read with Article 213 of the Articles of Association of the Applicant Company empowers the Applicant Company to reduce its Share Capital from time to time by passing a Special Resolution in any manner for the time being authorised by law AND the Applicant Company having passed Special Resolution with requisite majority at its Extraordinary General Meeting held on 25th June, 2015 being Exhibit-F to the Affidavit in Support of Company Summons for Direction, approving the reduction of existing equity share capital of the Applicant Company from Rs. 1,39,94,58,953/- (Rupees One Hundred Thirty Nine Crore Ninety Four Lac Fifty Eight Thousand Nine Hundred Fifty Three Only) to Rs.

Rs.1,39,94,58,953/- (Rupees One Hundred Thirty Nine Crore Ninety Four Lac Fifty Eight Thousand Nine Hundred Fifty Three Only) as on March 31, 2015 be and is hereby approved AND in view of the averments made in paragraphs 19 and 20 that the Secured and Unsecured Creditors of the company is not in any manner affected by the said reduction as there is no secured creditor of the Applicant Company. In view thereof the provisions of and the procedure prescribed under Section 101(2) of the Companies Act, 1956 is dispensed with. (S. C. Gupte, J.)