1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.841 OF 2009 In the matter of the 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 between Sibyl Finvest Private Limited and Veekam Finvest Private Limited and Spatial Investments & Finance Limited and Ridge Business Centre Private Limited an their Respective Members Spatial Investments & Finance Limited, a Company } Incorporated under the provisions of Companies } Act, 1956 having its registered Office at Mahindra } Towers, G.M Bhosale Marg, P.K Kurne Chowk, } Worli, Mumbai 400018 } ….Applicant Company Called for Summons for Direction CORAM : S. J. KATHAWALLA J DATE: 14th AUGUST 2009 Mr. Hemant Sethi i/b Hemant Sethi & Co. Advocates for Applicant MINUTES OF ORDER UPON the application of the Applicant Company abovenamed by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi i/b Hemant Sethi & Co. 2 Advocates for Applicant Company, AND UPON READING the Affidavit dated 5th August 2009 of Mr. Mario Anthony Nazareth, Director of the Applicant Company, in support of Summons for Directions: IT IS ORDERED: a. That convening and holding of the meeting of the Equity Shareholders of the Applicant Company, for the purpose of considering, and if, thought fit, approving, with or without modification, the proposed Scheme of Amalgamation between Sibyl Finvest Private Limited and Veekam Finvest Private Limited and Spatial Investments & Finance Limited, the Applicant Company and Ridge Business Centre Private Limited, the Transferee Company and their respective members is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibit ‘C1’ to ‘C8’ to the affidavit in support of the Summons for Directions. b. That convening and holding of the meeting of the Unsecured Creditors of the Applicant Company, for the purpose of considering, and if, thought fit, approving, with or without modification, the proposed Scheme of Amalgamation between Sibyl Finvest Private Limited and Veekam Finvest Private Limited and Spatial Investments & Finance Limited, the Applicant Company and Ridge Business Centre Private Limited, the Transferee Company and their respective members is dispensed with in view of 3 averments made in paragraph thirty six of the affidavit in support of the Summons for Directions. Applicant Company undertakes to give individual notices to all its Creditors of the date of hearing of petition. The said undertaking is accepted. c. That there are no Secured Creditors in Spatial Investments & Finance Limited, the Applicant Company, as mentioned in paragraph thirty six of the affidavit in support of the Summons for Directions, hence, the question of convening and holding the meeting of Secured Creditors does not arise. Company Judge