Biostadt Mhseeds Limited v. -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 757 OF 2016 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 Nandi Seeds Private Limited AND In the matter of Scheme of Amalgamation of Nandi Seeds Private Limited WITH Biostadt MHseeds Limited and their respective Shareholders and Creditors.

Biostadt MHSeeds Limited, a company ) incorporated under the Companies Act, ) 1956 having its registered office at ) Poonam Chambers, 602-A, Dr. Annie ) Besant Road, Worli, Mumbai-400018, ) Maharashtra, India ) ...Applicant Company Called: Summons for Direction Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant

Coram: A. K Menon, J.

Date: 8th September, 2016 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 26th day of July, 2016 of Mr. Satish Kamath, Authorised Signatory 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 Nandi Seeds Private Limited with Biostadt MHseeds Limited and their respective Shareholders and Creditors is dispensed with in view of the consent given by all the Seven Equity Shareholders of the Applicant Company, which are annexed as Exhibits 'F-1' to 'F-7' 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 26 of the Affidavit in support of Summons for Direction. 3.

The convening and holding of the meeting of 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 Nandi Seeds Private Limited with Biostadt MHseeds Limited and their respective Shareholders and Creditors is dispensed with in view of the averments made in paragraph 27 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 all its 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.

(A. K Menon, J) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.

Uploaded by : Shankar Gawde, Stenographer.