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Bombay High CourtCSD/710/2015absolute

Surana Realty Pvt. Ltd. v. -

2015-08-28Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.710 OF 2015 In the matter of the Companies Act, 1956 (or re-enactment thereof upon effectiveness of the Companies Act,2013);

AND In the matter of Sections 391 to 394 of the Companies Act, 1956 (or any corresponding provisions of the Companies Act,2013 as may be notified);

AND In the matter of Scheme of Amalgamation of SURANA REALTY PRIVATE LIMITED (TRANSFEREE COMPANY) WITH ABHISHEK MILLENNIUM CONTRACTS PRIVATE LIMITED (TRANSFEROR COMPANY) SURANA REALTY PRIVATE LIMITED, ) a Company incorporated under the ) Companies Act, 1956 having its registered ) office 405/406, Golden Heights, Shashtri ) Nagar, Lokhandwala, Andheri (West), ) ) ...Applicant Company.

Mumbai 400 053

Called for Summons for Direction Coram: S.C. Gupte, J.

Date: 28st August, 2015 Mr. Avinash V. Joshi, Advocate for the Applicant MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Avinash V. Joshi, Advocate for the Applicant Company, AND UPON READING the Affidavit dated 22nd day of May, 2015 of Mr. Anil J. Shah, Authorised Signatory of the Applicant Company, in support of the Summons for Direction and the exhibit therein referred to, IT IS ORDERED:-

1. That the convening and holding the meeting of the Equity Shareholders of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of SURANA REALTY PRIVATE LIMITED, the Applicant / Transferor Company with ABHISHEK MILLENNIUM CONTRACTS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consents given by all the Twelve Equity Shareholders of the Applicant Company, which are annexed as Exhibit "C-1" and "C-12" to the affidavit in support of the Summons for Direction.

2.

That there are no Secured Creditors of the Applicant Company as stated in paragraph 15 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise. 3.

That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of SURANA REALTY PRIVATE LIMITED, the Transferor Company with ABHISHEK MILLENNIUM CONTRACTS PRIVATE LIMITED, the Applicant / Transferee Company is dispensed with in view of the averments made in paragraph 16 of the Affidavit in support of the Summons for Direction. The Applicant undertakes to give individual notice of date of hearing of Petition by Registered Post A. D. to its all Unsecured Creditors and also to publish the same in Free Press Journal, in English and Navshakti, in Marathi, both having circulation in Mumbai. The said undertaking is accepted. ( S. C. Gupte, J)