Roshi Appliances Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 922 OF 2015. In the matter of the Companies Act, 1 of 1956 and other relevant provision of the Companies Act, 2013;
AND In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provision of the Companies Act, 2013;
AND In the matter of Scheme of Amalgamation of SOUTH WEST ELECTRONICS PRIVATE LIMITED, the First Transferor Company and TAPTI APPLIANCES PRIVATE LIMITED, the Second Transferor Company and ELEGANCE APPLIANCES PRIVATE LIMITED, the Third Company and NEETU APPLIANCES PRIVATE LIMITED, the Fourth Company and GANDAK ELECTRONICS PRIVATE LIMITED, the Fifth Company and YAKME ELECTRONICS PRIVATE LIMITED, the Sixth Company with ROSHI APPLIANCES Transferee Company.
ROSHI APPLIANCES ) LIMITED, a company incorporated under ) the Companies Act, 1956 having its ) registered office at Unit No. 103, 1st Floor, ) Adeshwar Arcade, Building No.
4, ) Andheri Kurla Road, Chakala, Andheri ) East, Mumbai - 400 093.
) ...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 October, 2015 of Mr. Suresh Patil, Director 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 SOUTH WEST ELECTRONICS PRIVATE LIMITED, the First Transferor Company and TAPTI APPLIANCES PRIVATE LIMITED, the Second Transferor Company and
ELEGANCE APPLIANCES PRIVATE LIMITED, the Third Transferor Company and NEETU APPLIANCES PRIVATE LIMITED, the Fourth Transferor Company and GANDAK ELECTRONICS Fifth Company and YAKME ELECTRONICS PRIVATE LIMITED, the Sixth Transferor Company with ROSHI APPLIANCES PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by all the Seven Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'Q-1' to 'Q-7' to the Affidavit in support of Summons for Direction. 2.
That 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 17 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 SOUTH WEST ELECTRONICS PRIVATE LIMITED, the First Transferor Company and TAPTI APPLIANCES PRIVATE LIMITED, the Second Transferor Company and ELEGANCE APPLIANCES PRIVATE LIMITED, the Third Transferor Company and NEETU APPLIANCES PRIVATE LIMITED, the Fourth Transferor Company and GANDAK
ELECTRONICS Fifth Company and YAKME ELECTRONICS PRIVATE LIMITED, the Sixth Transferor Company with ROSHI APPLIANCES 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 'R-1' and 'R-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.