Reddish Investment And Trading Private Limited v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 664 OF 2015. In the matter of the Companies Act, 1 of 1956 and other relevant provision of Companies Act, 2013;
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provision of Companies Act, 2013;
AND In the matter of Scheme of Amalgamation of ANCHOR FILES PRIVATE LIMITED, the First Transferor Company and MACARONI FINANCE AND TRADING LIMITED, the Second Transferor Company and MUMBAI MARINE PRODUCTS PRIVATE LIMITED, the Third Transferor Company and NAGAR INVESTMENT AND FINANCE PRIVATE LIMITED, the Fourth Transferor Company and PARAG PROPERTIES PRIVATE LIMITED, the Fifth Transferor Company and PRAMESH PROPERTIES PRIVATE LIMITED, the Sixth Transferor Company and REDDISH INVESTMENT AND TRADING PRIVATE LIMITED, the Seventh Transferor Company and SAMANVAY AGRO PRIVATE LIMITED, the Eighth Transferor Company with MADHU CONSTRUCTION PRIVATE LIMITED, the Transferee Company REDDISH INVESTMENT AND )
TRADING LIMITED a ) company incorporated under the ) Companies Act, 1956 having its registered ) office at S-002 B, 2nd Floor, Vikas ) Centre, S. V. Road, Santacruz (West), ) Mumbai-400054.
...Applicant Company.
Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: S. C. Gupte, J.
Date: 7th August, 2015 MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 2nd July, 2015 Mr. Mahesh Ramniwas Toshniwal, Director of the Applicant Company, in support of the Summons for Direction and the Exhibit therein referred to, IT IS ORDERED THAT :- 1.
The convening and holding 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 Amalgamation of ANCHOR FILES PRIVATE LIMITED, the First Transferor Company and MACARONI FINANCE AND TRADING PRIVATE LIMITED, the Second Transferor Company and MUMBAI MARINE PRODUCTS PRIVATE LIMITED, the
Third Transferor Company and NAGAR INVESTMENT AND FINANCE PRIVATE LIMITED, the Fourth Transferor Company and PARAG PROPERTIES PRIVATE LIMITED, the Fifth Transferor Company and PRAMESH PROPERTIES PRIVATE LIMITED, the Sixth Transferor Company and REDDISH INVESTMENT AND TRADING PRIVATE LIMITED, the Seventh Transferor Company and SAMANVAY AGRO LIMITED, the Eighth Transferor Company with MADHU CONSTRUCTION PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the three Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-3' to the Affidavit in support of Summons for Direction.
2.
That the question of convening and holding of the meeting of Secured Creditors does not arise since there are no Secured Creditors of the Applicant Company as stated in paragraph 53 of the Affidavit in support of Summons for Direction.
3.
The convening and holding of the meeting of all the Unsecured Creditors of the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification(s) the proposed Scheme of Amalgamation of ANCHOR FILES PRIVATE LIMITED, the First Transferor Company and MACARONI FINANCE AND TRADING PRIVATE LIMITED, the Second
Transferor Company and MUMBAI MARINE PRODUCTS PRIVATE LIMITED, the Third Transferor Company and NAGAR INVESTMENT AND FINANCE PRIVATE LIMITED, the Fourth Transferor Company and PARAG PROPERTIES PRIVATE LIMITED, the Fifth Transferor Company and PRAMESH PROPERTIES PRIVATE LIMITED, the Sixth Transferor Company and REDDISH INVESTMENT AND TRADING PRIVATE LIMITED, the Seventh Transferor Company and SAMANVAY AGRO PRIVATE LIMITED, the Eighth Transferor Company with MADHU CONSTRUCTION PRIVATE LIMITED, the Transferee Company is dispensed with in view of the averments made in paragraph 54 of the Affidavit in support of the Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to its all the Unsecured Creditors and also to publish the same in two local news papers viz. "Free Press Journal", in English language and translation thereof in "Navshakti", in Marathi language, both having circulation in Mumbai. The said undertaking is accepted. (S. C. Gupte, J.)