Stp Exim Private Limited v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 646 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.
STP Exim 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 Company. Coram: S.C. Gupte, J Date : 31st July 2015 MINUTE OF THE ORDER Upon the application of the Applicant Company 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 Company 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, the Transferor Companies with Brett Plastics Private Limited, the Transferee Company, is hereby dispensed with, in view of consents given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits D-1 and D-2 to the Affidavit in Support of 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 Company 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, the Transferor Companies with Brett Plastics Private Limited, the Transferee Company, is hereby dispensed with, in view of consent given
by the sole Sundry Creditor of the Applicant Company, which is annexed as Exhibits F to the Affidavit in Support of the Company Summons for Direction. (S.C. Gupte J.)