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Bombay High CourtCSD/725/2015absolute

Premchand Business Management Pvt. Ltd. v. -

2015-08-28Hon'Ble Shri Justice S.C. Gupte2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 725 OF 2015 In the matter of Companies Act, 1956 and Companies Act, 2013 And In the matter of Sections 391 to 394 of the Companies Act, 1956 And In the matter of Premchand Roychand & Sons Private Limited And In the matter of the Scheme of Arrangement between Premchand Roychand & Sons Private Limited (Demerged Company) and Premchand Business Management Private Limited (Resulting Company) Premchand Business Management Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at its registered office at 63, Bombay Samachar Marg, Fort, Mumbai - 400001 ) ) ) ) ) ) .......Applicant Company Called Summons for direction Mr. Ashish Kamat i/b M/s Crawford Bayley & Co, Advocate for Applicant Company.

CORAM:

S. C. Gupte, J Date : 28th August, 2015 MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Summons for Direction, AND UPON HEARING Mr. Ashish Kamat instructed by M/s Crawford Bayley & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated August 19th, 2015 of Mr. Viren Dedhia,

Authorised 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 Premchand Roychand & Sons Private Limited (Demerged Company) and Premchand Business Management Private Limited (Resulting Company) is dispensed with in view of the consent given by all seven Equity Shareholders of the Applicant Company, which are annexed and marked as Exhibit "H-1" to "H-7" to the Affidavit in support of Company Summons for Direction.

2.

That there are no Secured Creditors and Unsecured Creditors of the Applicant Company as stated in paragraphs 20 of the Affidavit in Support of Company Summons for Direction. Hence, the question of convening and holding meeting of Secured Creditors and Unsecured Creditors does not arise.

(S. C. Gupte, J.)