IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTIONS NO. 135 OF 2011. In the matter of Companies Act, 1956; And In the matter of Section 391 to 394 of The Companies Act, 1956; And In the matter of Scheme of Amalgamation of Impact Containers Pvt. Ltd. with Patcart Packaging Pvt. Ltd. Patcart Packaging Pvt. Ltd. ) a Company incorporated under the ) provisions of The Companies Act, 1956 ) and having its registered office at ) Patel Vanika, Western Express Highway, ) Goregaon (East), Mumbai 400 063. ) …Applicant. (Transferee Company) Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only. 2 CALLED SUMMONS FOR DIRECTION Coram: S. C. Dharmadhikari, J. Dated: 25th February, 2011. Mr. Viral P. Amin, i/b M/s. B. Amin & Co., Advocate for Applicant. MINUTES OF THE ORDER Upon the Application of the Applicant Company abovenamed by a Summons for Direction and UPON HEARING Mr. Viral P. Amin, i/b M/s. B. Amin & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 7th December, 2010 of Kartik M. Patel, Director 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 the Applicant/ Transferee Company, for the purpose of considering and, if thought fit, to approve, with or without modification, the proposed Scheme of Amalgamation of Impact Containers Pvt. Ltd., the Transferor Company with Patcart Packaging Pvt. Ltd., the Applicant/Transferee Company, is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant/Transferee Company which are annexed as Exhibits ‘G-1’ to ‘G-6’ to the Affidavit in support of Summons for Direction. 2. That convening and holding the meeting of the Secured Creditors of the Applicant/Transferee Company, for the purpose of Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only. 3 considering and, if thought fit, to approve, with or without modification, the proposed Scheme of Amalgamation of Impact Containers Pvt. Ltd., the Transferor Company with Patcart Packaging Pvt. Ltd. the Applicant/Transferee Company, is dispensed with, in view of the consents given by the sole Secured Creditors of the Applicant Company which are annexed as Exhibits ‘I-1’ to the Affidavit in Support of Summons for Direction and in view of the averments made in paragraph 20 of the said Affidavit. 3. That convening and holding the meeting of the Unsecured Creditors of the Applicant/Transferee Company, for the purpose of considering and, if thought fit, to approve, with or without modification, the proposed Scheme of Amalgamation of Impact Containers Pvt. Ltd., the Transferor Company with Patcart Packaging Pvt. Ltd. the Applicant/Transferee Company, is dispensed with, in view of the consents given by 57 out of 71 Unsecured Creditors of the Applicant Company which are annexed as Exhibits ‘I-2’ to ‘I-57’ to the Affidavit in Support of Summons for Direction and in view of the averments made in paragraph 20 of the said Affidavit. The Applicant undertakes to issue individual notice of date of hearing of Petition by R. P. A. D. to its remaining Unsecured Creditors whose consents are not obtained. The Undertaking is accepted. (S. C. Dharmadhikari, J.) Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.