1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 634 OF 2011 In the matter of Section 391 & 394 of the Companies Act, 1956 ; And In the matter of Scheme of Amalgamation Of Freight Experts International Private Limited with FEI Cargo Limited And their Respective Shareholders Freight Experts International Private Limited, } A Company incorporated under the provisions } Of Companies Act, 1956 having its Registered } Office at -6, „Bhakti‟, A-2, Vidyadani, Co-op. } Society, Om Nagar, Sahar, Andheri (East), } Mumbai – 400099, Maharashtra }…..Applicant Company Called Summons for Direction Coram: S. C DHARMADHIKARI, J DATE : 21st OCTOBER , 2011 Mr. Hemant Sethi i/b. Hemant Sethi & Co., Advocates for the Applicant. 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 2 instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 3rd October 2011 of Mr. Sandesh Balkrishna Khaladkar, Director of the Applicant Company, in support of the Company Summons for Direction and the Exhibits therein referred to, IT IS ORDERED: 1. That the convening and holding of the meeting of 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 Freight Experts International Private Limited with FEI Cargo Limited 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 “C1” to “C3” to the Affidavit in support of Company Summons for Direction. 2. That the convening and holding of the meeting of Secured Creditors 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 Freight Experts International Private Limited with FEI Cargo Limited and their Respective Shareholders is dispensed with in view of averments made in paragraph twelve of the Affidavit in support of Company Summons for Direction. The Applicant undertakes to issue an individual notices of hearing of Petition by R.P.A.D. upon all its Secured Creditors and also to publish the said notice in two newspapers, viz; Free Press Journal‟ in English 3 Language and „Maharashtra Times‟ in Marathi language both circulated in Mumbai. The said undertaking is accepted. 3. That the convening and holding of the meeting of Unsecured Creditors 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 Freight Experts International Private Limited with FEI Cargo Limited and their Respective Shareholders is dispensed with in view of averments made in paragraph thirteen of the Affidavit in support of Company Summons for Direction. The Applicant undertakes to issue an individual notices of hearing of Petition by R.P.A.D. upon all its Unsecured Creditors and also to publish the said notice in two newspapers, viz; Free Press Journal‟ in English Language and „Maharashtra Times‟ in Marathi language both circulated in Mumbai. The said undertaking is accepted. (S.C. DHARMADHIKARI, J)