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Bombay High CourtCSD/928/2015absolute

Ohm Equiistock Private Limited v. 0

2015-12-11Hon'Ble Shri Justice K.R. Shriram4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 928 OF 2015. In the matter of the Companies Act, 1 of 1956 and other relevant provisions of the Companies Act, 2013;

AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provisions of the Companies Act, 2013;

AND In the matter of Scheme of Amalgamation of BRHASPATI EQUISTOCKS PRIVATE LIMITED, the First Transferor Company AND OHM EQUIISTOCK PRIVATE LIMITED, the Second Transferor Company WITH OHM STOCK BROKER PRIVATE LIMITED, the Transferee Company OHM EQUIISTOCK PRIVATE ) LIMITED, a company incorporated under ) the Companies Act, 1956 having its ) registered office at 301-A, 3rd Floor, ) Poonam Chambers, B wing, Shivsagar )

Estate, Dr. Annie Besant Road, Worli, ) Mumbai-400018 ) ...Applicant Company.

Called Summons for Direction for hearing Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant Coram: K. R. Shriram, J.

Date: 11th December, 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 23rd August, 2015 Mr. Jignesh Pandya, Authorized 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 BRHASPATI EQUISTOCKS PRIVATE LIMITED, the First Transferor Company and OHM EQUIISTOCK PRIVATE LIMITED, the Second Transferor Company with OHM STOCK BROKER PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by both the Equity

Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' and 'C-2' to the Affidavit in support of Summons for Direction.

2.

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 22 of the Affidavit in support of Summons for Direction.

3.

The convening and holding 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 BRHASPATI EQUISTOCKS PRIVATE LIMITED, the First Transferor Company and OHM EQUIISTOCK PRIVATE LIMITED, the Second Transferor Company with OHM STOCK BROKER PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by both the Unsecured Creditors of the Applicant Company, which are annexed as Exhibit 'D-1' and 'D-2' to the Affidavit in support of Summons for Direction.

(K. R. Shriram, J.)

CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.

Uploaded by : Shankar Gawde, Stenographer.