1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 384 OF 2011 . In the matter of the Companies Act 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 TRIDENT TERMINALS PRIVATE LIMITED with ALBATROSS CFS PRIVATE LIMITED TRIDENT TERMINALS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at 4th Floor, Geet Mala Building, Deonar Village Road, Govandi (East), Mumbai - 400088. ) ) ) ) ) …Applicant Company. Called for Summons for Direction Coram: S. J. Kathawalla, J. Date: 1st July, 2011 Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant MINUTES OF THE ORDER UPON the application of the Applicant Company abovenamed by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 31st March, 2011 of Mr. G Sundarrajan, Authorised Signatory of the Applicant Company, 2 in support of the Summon for Direction and the Exhibits therein referred to, IT IS ORDERED:- 1. That the convening and holding the meeting of the Equity Shareholders of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of TRIDENT TERMINALS PRIVATE LIMITED, “the Applicant / Transferor Company” with ALBATROSS CFS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “C-1” to “C-6” to the Affidavit in support of the Summons for Direction. 2. That the convening and holding the meeting of the Secured Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of TRIDENT TERMINALS PRIVATE LIMITED, “the Applicant / Transferor Company” with ALBATROSS CFS PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consent given by the sole Secured Creditor of the Applicant Company, which is annexed as Exhibit “D-1” to the Affidavit in support of the Summons for Direction. 3. That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company to consider and approve the proposed Arrangement embodied in the Scheme of Amalgamation of VEENAMIT STEELS PROCESSORS PRIVATE LIMITED, the Transferor Company with NIMIT STEELS AND ALLOYS PRIVATE LIMITED, the Applicant / Transferee Company is dispensed with in view of the consent given by 19 out of 58 Unsecured Creditors of the Applicant Company, which are annexed as Exhibits “E-1” to “E-19” to the Affidavit in support of the Summons for Direction and in view of the undertaking given by the Applicant Company in paragraph 16 of the said Affidavit to issue an individual notice of date of hearing of Petition by Registered Post A. D. to its remaining Unsecured Creditors 3 whose consents have not been obtained and also to publish the same in two local news papers viz. “Free Press Journal”, in English language and translation thereof in “Maharashtra Times”, in Marathi language, both having circulation in Mumbai. The said undertaking is accepted. (S. J. Kathawalla, J.)