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Bombay High CourtCSD/842/2015absolute

Omnikan Earth Sciences Pvt. Ltd. v. -

2015-10-30Hon'Ble Shri Justice S.C. Gupte4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.842 OF 2015 In the matter of the Companies Act, 1956 (1 of 1956);

AND In the matter of Sections 391 to 394 read with Section 100 to 103 of the Companies Act, 1956;

AND In the matter of Composite Scheme of Amalgamation and Arrangement between Kamet Natural Isolates Limited AND Omnikan Earth Sciences Private Limited AND OmniActive Health Technologies Limited AND Their Respective Shareholders and Creditors OMNIKAN EARTH SCIENCES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at Rajan House, Appasaheb Marathe Marg, Prabhadevi, Mumbai - 400 025, India ) ) ) ) ) ) ) ...... Applicant Company Called for Summons for Direction Mr. Rajesh Shah i/b. Rajesh Shah & Co., Advocates for the Applicant. Coram: S.C. Gupte, J.

Date: 30th October, 2015

MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Company Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s Rajesh Shah & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 9th day of October, 2015 Mr.Prakashchandra Khulbe, Authorised signatory of the Applicant Company, in support of the Company 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, to consider and, if thought fit, approve, with or without modification(s), the proposed arrangement embodied in the Composite Scheme of Amalgamation and Arrangement between Kamet Natural Isolates Limited and Omnikan Earth Sciences Private Limited and OmniActive Health Technologies 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 Exhibits "F1" and "F2" to the affidavit in support of the Company Summons for Direction.

2. THAT convening and holding of the meeting of the Sole Secured Creditor of the Applicant Company, to consider and, if thought fit, approve, with or without modification(s), the proposed arrangement embodied in the Composite Scheme of Amalgamation and Arrangement between Kamet Natural Isolates Limited and Omnikan Earth Sciences Private Limited and OmniActive Health Technologies Limited and their respective shareholders and creditors is dispensed with in view of

the averment made in paragraph 11 of the affidavit in support of the Company Summons for Direction. The Applicant Company undertakes to serve individual notice of the hearing of the Petition by Registered Post A.D. to its sole Secured Creditor and also to publish the same once each in "Free Press Journal", in English language and translation thereof in "Navshakti", in Marathi language, both circulated in Mumbai. The undertaking is accepted.

3. THAT convening and holding the meeting of the Unsecured Creditors of the Applicant Company, to consider and, if thought fit, approve, with or without modification(s), the proposed arrangement embodied in the Composite Scheme of Amalgamation and Arrangement between Kamet Natural Isolates Limited and Omnikan Earth Sciences Private Limited and OmniActive Health Technologies Limited and their respective shareholders and creditors is dispensed with in view of the averment made in paragraph 12 of the affidavit in support of the Company Summons for Direction.The Applicant Company undertakes to serve hearing of the Petition individually by Registered Post A.D. to all its Unsecured Creditors and also to publish the same once each in "Free Press Journal", in English language and translation thereof in "Navshakti", in Marathi language, both circulated in Mumbai. The undertaking is accepted.

(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.