R Mall Developers Pvt. Ltd. v. -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 758 OF 2016

IN THE MATTER OF the Companies

Act, 1956;

AND

IN THE MATTER of Sections 100 to

105 of the Companies Act, 1956;

AND IN THE MATTER OF THE REDUCTION OF SHARE CAPITAL OF R MALL DEVELOPERS PRIVATE LIMITED R MALL DEVELOPERS PRIVATE LIMITED, ) a Company incorporated under the Companies ) Act, 1956 (No.1 of 1956) and having its ) Registered Office at 5th Floor, Runwal & Omkar ) Esquare, Opp Sion - Chunabhatti, Signal, ) Sion (E), Mumbai - 22.

) ... Applicant Company

Called : Summons for Direction Mr. Rajesh Shah i/b Rajesh Shah & Co, Advocates for the Applicant Company.

CORAM: A. K Menon, J DATE : 8th September, 2016 MINUTES OF ORDER UPON THE APPLICATION of the above named Applicant Company by way of a Company Summons for Directions dated 29th day of July, 2016 AND UPON HEARING Mr. Rajesh Shah, instructed by M/s. Rajesh Shah & Co., Advocates for the Applicant Company AND UPON READING the affidavit dated 29th day of July, 2016 of Ms. Charu Patki, Authorised Signatory of the Applicant Company, in support of Company Summons for Direction AND Article No.

7 of the Articles of Association of the Applicant Company empowers the Applicant Company to reduce its Share Capital and/or utilise the amounts in its Securities Premium Account and General Reserve Account from time to time, by passing a Special Resolution in any manner for the time being authorised by law AND the Applicant Company has passed a Special Resolution unanimously at its Extraordinary General Meeting conducted on 8th July, 2016 being Exhibit-F to the Affidavit in Support of Company Summons for Direction, approving the reduction of 12,00,000 Class B equity shares of Rs.

B equity shares to the extent of Rs 10/- per share at a premium of Rs 990/- per share and thereby extinguishing / cancelling the 12,00,000 Class B equity shares AND in view of the averment made in Paragraph 18 to 20 of the Affidavit in Support of the Summons for Direction, there is a Sole Secured Creditors of the Applicant Company of which the Applicant Company has taken the consent and as far as Unsecured Creditors are concerned the Applicant company has taken the consent letter of all the Unsecured Creditors whose consent letters are annexed to the Company Summons for Direction being Exhibit I-1 to I-70. In view thereof, the provisions of and the procedure prescribed under Section 101(2) of the Companies Act, 1956 is dispensed with. (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.