Imcd India Pvt. Ltd. v. -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICITON COMPANY SUMMONS FOR DIRECTIONS NO. 915 OF 2015 In the matter of the Companies Act, 1 of 1956; And In the matter of Sections 391 to 394 of the Companies Act, 1956;
And In the matter of the Scheme of Arrangement between 2000 under the laws of Netherlands and having its registered office at Wilhelminaplein 32, 3072 DE Rotterdam, Netherlands, through its branch office in India at Unit No. 1402, 14th floor, Parinee Crescenzo, G Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051, India and IMCD INDIA PRIVATE LIMITED and THEIR RESPECTIVE SHAREHOLDERS.
IMCD INDIA PRIVATE LIMITED, a company incorporated under the Companies Act, having its registered office at Unit No. 1402, 14th floor, Parinee Crescenzo, G Block,
Bandra Kurla Complex, Bandra East, Mumbai - 400051 ..........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 20th October, 2015 Mr. Amit. L. Hirani, 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 Arrangement between 2000 under the laws of Netherlands and having its registered office at Wilhelminaplein 32, DE Rotterdam, Netherlands, through its branch office in India at Unit No.
1402, 14th floor, Parinee Crescenzo, G Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051, India and IMCD INDIA PRIVATE LIMITED and THEIR RESPECTIVE SHAREHOLDERS is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company, which is annexed as Exhibit 'G-1' and Exhibit 'G2' 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 17 of the Affidavit in support of Summons for Direction. 3.
The convening and holding of 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 Arrangement between 2000 under the laws of Netherlands and having its registered office at Wilhelminaplein 32, DE Rotterdam, Netherlands, through its branch office in India at Unit No. 1402, 14th floor, Parinee Crescenzo, G Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051, India and IMCD INDIA PRIVATE LIMITED and THEIR RESPECTIVE SHAREHOLDERS is dispensed with in view of the averments made in paragraph 18 of the Affidavit in support of the
Summons for Direction and that the Applicant undertakes to issue individual notice of date of hearing of the Company Scheme Petition by Registered Post A. D. to its all Unsecured Creditors and also to publish the same in two local news papers viz. "Free Press Journal", in English language and translation thereof in "Navshakti", in Marathi language, both having circulation in Mumbai. The said undertaking is accepted.
(K. R. Shriram, J.) CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed order.
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