Equanimity Realty Pvt. Ltd. v. -

THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 21 OF 2015. In the matter of the Companies Act I of 1956 AND In the matter of Sections 391 to 394 and read with Section 100 to 103 of the Companies Act, 1956.

AND In the matter of the Scheme of Arrangement between:

Equanimity Realty AND Nirsau AND their Respective Shareholders Equanimity Realty Private Limited, a Company ) incorporated Under the Companies Act, 1956 ) and having its Registered Office at 223, Patil ) Plaza Business Complex, Mitramandal Chowk, ) Bajirao Road, Pune- 411009.

)....Applicant Company Called Summons for Direction for hearing Mr. Rajesh Shah i/b Rajesh Shah & Co, Advocates for the Applicant Company.

CORAM: S. J. KATHAWALLA, J DATE : 23RD JANUARY, 2015 MINUTES OF 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., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 24th day of December, 2014 of Mr. Milan Shah, Authorised Signatory 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 Arrangement between Equanimity Realty Private Limited and Nirsau and their respective shareholders, is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company which are annexed as Exhibits "C-1" and "C-2" to the Affidavit in Support of Company Summons for Direction.

2. That the question of convening and holding the meeting of Secured Creditors does not arise since there are no Secured Creditors of the Applicant Company as stated in paragraph 18 of the Affidavit in support of Summons for Direction.

3. That 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 Arrangement between Equanimity Realty Private Limited and Nirsau and their respective shareholders, is dispensed with in view of the consent given by Unsecured Creditor of the Applicant Company, which is annexed as Exhibit "D" to the Affidavit in support of Summons for Direction.

(S. J. KATHAWALLA , J)