Hathway Broadband Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.747 OF 2016. In the matter of the Companies Act, 1956;
And In the matter of Sections 391 to 394 of the Companies Act, 1956;
And In the matter of the Scheme of Arrangement between Hathway Broadband Private Limited, a company formed and existing under the laws of India and having its registered office at 'Rahejas', 4th floor, Corner of Main Avenue & VP Road, Santacruz (w), Mumbai − 400 054, Maharashtra, India and Hathway Cable and Datacom Limited and their respective shareholders.
Hathway Broadband Private Limited, a company incorporated under the Companies Act, 1956 having its registered office at situated at 'Rahejas', 4th floor, Corner of Main Avenue, VP Road, Santacruz (w), Mumbai-400 ) ) ) ) ) ) ) ...Applicant Company.
Called Summons for Direction for hearing Mrs.
Alpana Ghone alongwith Mr.
Chandrakant Mhadeshwar i/b Trilegal, Advocates for Applicant Company.
CORAM: A. K. Menon, J.
DATE: 1st September, 2016
MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Summons for Direction, AND UPON HEARING Mrs. Alpana Ghone i/b Trilegal, Advocates for the Applicant Company, AND UPON READING the Affidavit dated 1st day of August, 2016 of Mr. Ajay Singh, authorized signatory of the Applicant Company, in support of Summons for Direction, and the Exhibits therein referred to, IT IS ORDERED:- 1.
That 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 Arrangement between Hathway Broadband Private Limited and Hathway Cable and Datacom Limited and their respective shareholders and creditors, is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company which are annexed as Exhibit "F-1" and "F-2" to the Affidavit in Support of Company Summons for Direction.
2.
There are no Secured Creditors of the Applicant Company as stated in paragraph 19 of the Affidavit in Support of
Company Summons for Direction. Hence, the question of convening and holding meeting of Secured Creditors does not arise.
3.
There are no Unsecured Creditors of the Applicant Company as stated in paragraph 20 of the Affidavit in Support of Company Summons for Direction. Hence, the question of convening and holding meeting of Unsecured Creditors does not arise.
(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.