1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 29 OF 2011 In the matter of Section 391 & 394 of the Companies Act, 1956 ; And In the matter of Scheme of Amalgamation Of Ebisu Township Private Limited (Formerly known as „Hiranandani Township Private Limited‟) into Hiranandani Realtors Private Limited And their respective shareholders Hiranandani Realtors Private Limited , a Company } Incorporated under the provisions of Companies Act, 1956 } Having its registered office at 514, Dalamal Towers, } Nariman Point, Mumbai – 400 021 } …Applicant Company Called for Summons for Direction CORAM: S. C. DHARMADHIKARI, J. DATE: 14TH JANUARY , 2011 Mr. Hemant Sethi i/b.Hemant Sethi & Co., Advocate for the Applicant. MINUTES OF ORDER UPON the application of the Applicant Company abovenamed by a 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 10th day of January, 2011 of Ms. Deepti Ghate, Authorised Signatory of the Applicant Company, in support of Summons for Direction and the Exhibits therein referred to, IT IS ORDERED: 1. That convening and holding the meeting of the Equity Shareholders of Hiranandani Realtors Private Limited, the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without 2 modification(s), the proposed Scheme of Amalgamation of Ebisu Township Private Limited (Formerly known as „Hiranandani Township Private Limited‟), the Transferor Company into Hiranandani Realtors Private Limited, the Applicant/Transferee Company and their respective shareholders is dispensed with in view of consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “G1” to “G3” to the Affidavit in support of Company Summons for Direction. 2. That convening and holding the meetings of the Secured and Unsecured Creditors of Hiranandani Realtors Private Limited, the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation of Ebisu Township Private Limited (Formerly known as „Hiranandani Township Private Limited‟), the Transferor Company into Hiranandani Realtors Private Limited, the Applicant/Transferee Company and their respective shareholders is dispensed with in view of averments made in paragraph nineteen of the Affidavit in support of Company Summons for Direction. The Applicant undertakes to issue individual notice of hearing of petition by RPAD to all its Secured and Unsecured Creditors and also to publish the notice of hearing of petition in one issue each of a daily newspaper viz „Free Press Journal‟ in English and „Maharashtra Times‟ in the Marathi. The said undertaking is accepted. (S.C. DHARMADHIKARI, J)