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Bombay High CourtCSD/946/2016disposed off

Prescient Securities Pvt Ltd v. --

2016-12-02Hon'Ble Shri Justice S.C. Gupte3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 946 OF 2016. In the matter of the Companies Act I of 1956.

AND In the matter of Sections 391 to 394 of the Companies Act, 1956.

AND In the matter of the Scheme of Amalgamation of:

Prescient Securities Private Limited.

WITH Prescient Wealth Management Private Limited.

AND their Respective Shareholders.

Prescient Securities Private Limited, a Company ) incorporated Under the Companies Act, 1956 ) and having its Registered Office at 201, 2nd Floor, ) Krishna Kunj, Plot no. 30, Navyug CHS, ) V. L. Mehta Road, Opp. Sun Flower Hospital, ) JVPD Scheme,Vile Parle (West),Mumbai 400 056 )....Applicant Company Called Summons for Direction for hearing Mr. Chandrakant Mhadeshwar, Advocates for the Applicant Company.

CORAM : S. C. GUPTE, J DATE : 2ND DECEMBER, 2016 MINUTES OF ORDER UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Chandrakant Mhadeshwar, Advocates for the Applicant

Company AND UPON READING the Affidavit dated 13th day of October, 2016 of Mr. Jayesh Shah, Director of the Applicant Company in support of Company Summons for Direction and the Exhibits referred to therein, 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 Amalgamation of Prescient Securities Private Limited with Prescient Wealth Management Private Limited and their respective shareholders, is dispensed with in view of the consent given by all the Three Equity Shareholders of the Applicant Company which are annexed as Exhibits "C-1" to "C-3" to the Affidavit in Support of Company Summons for Direction.

2.

That there are no Secured Creditors of the Applicant Company as stated in paragraph 18 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.

That convening and holding the meeting of the Unsecured Creditor 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

Prescient Securities Private Limited with Prescient Wealth Management Private Limited and their respective shareholders, is dispensed with in view of the consent given by the sole Unsecured Creditors of the Applicant Company which is annexed as Exhibit "D" to the Affidavit in Support of Company Summons for Direction.

(S. C. GUPTE, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.

Uploaded by : Shankar Gawde, Stenographer.