Bruker (India) Suppliers Pvt. Ltd. v. -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 167 OF 2016 In the matter of Companies Act, 1956, (1 of 1956); AND In the matter of Sections 391 to 394 of the Companies Act, 1956;

AND In the matter of Scheme of Amalgamation of Bruker Daltonics India Private limited and Bruker AxsAnalytical Private Limited and Burker (India) Suppliers Private Limited (collectively, the 'Transferor Companies') with Bruker India Scientific Private Limited (the 'Transferee Company') ) Burker (India) Suppliers Private Limited a company incorporated under the Company Act, 1956 having its registered office at 3, Daya Sagar, Gokuldham, Goregaon East, Mumbai 400 063 ) ) ) ) ......Applicant Company Called Summons for Direction for Hearing Mr. Hemant Sethi with Mr. Ajit Singh Tawar i/b. Hemant Sethi & Co., Advocates for the Applicant Company CORAM: K.R.SHRIRAM, J DATE: 4th MARCH 2016 MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Company Summons for Direction AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON

READING the Affidavit dated 23rd day of December, 2015 of Mr. Ranjeet Kumar, Director of the Applicant Company, in support of Company Summons for Direction, and the Exhibits there in 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 Bruker Daltonics India Private limited and Bruker AxsAnalytical Private Limited and Burker (India) Suppliers Private Limited (collectively, the 'Transferor Companies') with Bruker India Scientific Private Limited (the 'Transferee Company'), 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 the Company Summons for Direction.

2. There are no Secured and Unsecured Creditors of the Applicant Company as stated in paragraph 13 of the Affidavit in support of Company Summons for Direction. Hence, the question of convening and holding the meeting of Secured and Unsecured Creditors does not arise. (K.R.Shriram, J) CERTIFICATE I certify that this Order uploaded is a true and correct copy of the original signed order.

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