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Bombay High CourtCSD/49/2016disposed off

Predict Investment And Finance Consultants Pvt. Ltd. v. -

2016-02-11Hon'Ble Shri Justice K.R. Shriram5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 49 OF 2016. In the matter of the Companies Act, 1 of 1956 and other relevant provisions of the Companies Act, 2013;

In the matter of Sections 391 to 394 of the Companies Act, 1956 and other relevant provisions of the Companies Act, 2013;

In the matter of Scheme of Amalgamation of EMERALD BUILDING AND CONSTRUCTION LIMITED, the First Transferor Company and GARNET BUILDING AND LIMITED, the Second Transferor Company and GERARD VIEGAS FINVEST PRIVATE LIMITED, the Third Transferor Company and NISCHAL ENTERPRISES PRIVATE LIMITED, the Fourth Transferor Company and PREDICT INVESTMENT AND FINANCE CONSULTANTS LIMITED, the Fifth Transferor Company and QUARTZ STONE DEVELOPMENT AND HOLDINGS PRIVATE LIMITED, the Sixth Transferor Company with AQUA PROOF WALL PLAST LIMITED, the Transferee Company.

PREDICT INVESTMENT AND FINANCE ) CONSULTANTS PRIVATE LIMITED, a ) company incorporated under the ) Companies Act, having its ) registered office at 47-A, Floor-3rd, ) Plot-308, Hanuman Building, Perin ) Nariman Street, Fort Market, Fort, ) Mumbai - 400 001.

) ...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 February, 2016 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 14th day of December, 2015 of Mr. Vishal Laddha, 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

PRIVATE LIMITED, the Third Transferor Company and NISCHAL ENTERPRISES PRIVATE LIMITED, the Fourth Transferor Company and PREDICT INVESTMENT AND FINANCE CONSULTANTS PRIVATE LIMITED, the Fifth of the consent given by all the Ten Equity Shareholders of the Applicant Company, which are annexed as Exhibit 'C-1' to 'C-10' to the Affidavit in support of Summons for Direction. 2.

The convening and holding the meeting of the Preference shareholders of the Applicant Company for the purpose of PRIVATE LIMITED, the Third Transferor Company and NISCHAL ENTERPRISES PRIVATE LIMITED, the Fourth Transferor Company and PREDICT INVESTMENT AND FINANCE CONSULTANTS PRIVATE LIMITED, the Fifth

of the consent given by all the Ten Preference Shareholders of the Applicant Company, which are annexed as Exhibit 'D-1' to 'D-10' to the Affidavit in support of Summons for Direction.

3.

The question of convening and holding of the meeting of Secured Creditors did not arise since there are no Secured Creditors of the Applicant Company as stated in paragraph 44 of the Affidavit in support of Summons for Direction. 4.

The convening and holding the meeting of the Unsecured Creditors of the Applicant Company for the purpose of PRIVATE LIMITED, the Third Transferor Company and NISCHAL ENTERPRISES PRIVATE LIMITED, the Fourth Transferor Company and PREDICT INVESTMENT AND

FINANCE CONSULTANTS PRIVATE LIMITED, the Fifth of the consent given by both the Unsecured Creditors of the Applicant Company, which are annexed as Exhibit 'E-1' and 'E-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.