Krishkin Impex Private Limited v. -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 643 OF 2015 In the matter of Companies Act, 1956 (1 of 1956);

And In the matter of Sections 391 and 394 of the Companies Act, 1956; (1 of 1956) And In the matter of Scheme of Amalgamation of Krishkin Impex Private Limited (KRISHKIN), Reengus Exim Private Limited (REENGUS), Shivram Global Private Limited (SHIVRAM), STP Exim Private Limited (STP) with Brett Plastics Private Limited (BRETT) and their respective Shareholders and Creditors.

Krishkin Impex Private Limited, a company incorporated ) under the Companies Act, 1956 and having its Registered ) Office at 905, Panchratna, Mama Purmanand Marg, ) Opera House, Mumbai - 400 004.

) ...Applicant Company Called for Direction Ms. Pooja Patil i/b M/s. Kanga & Company, Advocates for the Applicant. Coram: S.C. Gupte, J Date : 31st July 2015 MINUTE OF THE ORDER Upon the application of the Applicant abovenamed by a Summons for Direction and UPON HEARING Ms. Pooja Patil instructed by M/s. Kanga & Company, Advocates for the Applicant and UPON READING the Affidavit dated 6th July 2015 of Mr. Trilok Singh Bisht, Authorized

Signatory of the Applicant Company in support of the Company Summons for Direction and exhibits referred therein. IT IS ORDERED:

1. That the convening and holding the meeting of the Equity Shareholders of the Applicant abovenamed, for the purpose of considering and if thought fit and approving with or without modification(s) the proposed Scheme of Amalgamation of Krishkin Impex Private Limited, Reengus Exim Private Limited, Shivram Global Private Limited and STP Exim Private Limited with Brett Plastics Private Limited, the Transferee Company, is hereby dispensed with, in view of consents given by all the two Equity Shareholders of the Applicant, which are annexed as Exhibits D-1 and D-2 to the Affidavit in support if the Company Summons for Direction.

2. That there are no Secured Creditors and Unsecured Creditors of the Applicant Company as stated in paragraph 12 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors and Unsecured Creditors does not arise.

3. That the convening and holding the meeting of the Sundry Creditors of the Applicant abovenamed, for the purpose of considering and if thought fit and approving with or without modification(s) the proposed Scheme of Amalgamation of Krishkin Impex Private Limited, Reengus Exim Private Limited, Shivram Global Private Limited and STP Exim Private Limited with Brett Plastics Private Limited, the Transferee Company, is hereby dispensed with, in view of the averment made in paragraph 13 of the Affidavit in support stating that after the Amalgamation the Transferee Company would be in a position to discharge its debts as and when they arise in the ordinary course of business including the debts of the Applicant Company and that the Applicant

with as the Applicant Company does not have any Sundry Creditors for the period ended 16th June 2015. Hence, the question of convening and holding the meeting of the Sundry Creditors does not arise.

(S.C. Gupte J.)