IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.57 OF 2010 In the matter of the Companies Act, 1956; And In the matter of Sections 100 to 104 of the Companies Act, 1956; And In the matter of Reduction of Equity Share Capital of Organon (India) Limited Organon (India) Limited ) a company incorporated under the ) provisions of the Companies Act, 1956 and ) having its registered office at Platina, ) 7th Floor, Plot No. C- 59, G- Block ) Bandra-Kurla Complex, ) Bandra (East), Mumbai 400 098 ) ...Applicant Called Summons for Directions Coram: S. J. Kathawalla, J. Date: 22nd January, 2010. Dr. Virendra Tulzapulkar, Senior Counsel i/b Mustafa Motiwala, Advocate for the Applicant. MINUTES OF THE ORDER UPON THE APPLICATION of the above named Applicant Company by a Summons for Direction and UPON HEARING Dr. Virendra Tulzaurkar instructed by Mr. Mustafa Motiwala, Advocate for the Applicant Company 1 AND UPON READING the Affidavit dated 16th of December, 2009 and further Affidavit dated 21st January, 2010 of Ms. Anupama Pai, Company Secretary of the Applicant Company in support of Summons for Direction AND the Applicant Company having passed a Special Resolution for reduction of its equity share capital, at the Extra Ordinary General Meeting of its Equity Shareholders held on 15th October, 2009 AND in view of the averments made in paragraph 20 of the said Affidavit AND in view of the averment made in paragraphs 4 and 6 of the further Affidavit AND in view of undertaking given by the Applicant Company in paragraph 6 of the further Affidavit of Ms. Anupama Pai to issue notices of date of hearing of the Petition by Registered Post A.D. to those unsecured creditors for whom a provision is made in the books of accounts of the company for repayment of their debts AND in view of the averments made in paragraphs 21 of the said Affidavit, that the reduction of the share capital does not involve any diminution of any liability in respect of unpaid share capital of the Applicant Company, the provisions of and the procedure prescribed under Section 101(2) of the Companies Act, 1956 is not applicable and the same is dispensed with. The undertaking given in para 6 of the further affidavit is accepted. (S. J. Kathawalla, J.) 2