1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON COMPANY APPLICATION NO.1374 OF 2008 In the matter of Sections 391 & 394 of the Companies Act, 1956; And In the matter of Scheme of Amalgamation of Indus Fabricons Private Limited and Technoplast Corporation Limited with Mojj Engineering Systems Limited and their respective members Technoplast Corporation Limited, } a Company Incorporated under the } provisions of Companies Act, 1956, } having its registered office at 3025/8 } Shreenidhi Chambers, } Senapati Bapat Road, Pune 411016 } ….Applicant Company Called for Summons for Direction Coram: S. A. BOBDE .J Date: 19 th September 2008 Mr. Hemant Sethi i/b M/s. Hemant Sethi & Co. for Applicant. MINUTES OF THE ORDER IT IS ORDERED THAT: (a) That the convening and holding of the meeting of the members holding Equity Shares of the Applicant Company, for 2 the purpose of, considering, and if, thought fit, approving, with or without modification, the Scheme of Amalgamation of Indus Fabricons Private Limited and Technoplast Corporation Limited, the Applicant Company with Mojj Engineering Systems Limited, the Transferee Company and their respective members is dispensed with in view of consents given by all the equity shareholders as per their original letters of consent annexed at Exhibits C1 to C11 to the affidavit dated 9th day of September 2008 of Mr. Balraj Bapusaheb Pol, Director of the Applicant Company in support of Summons for Direction. (b) That 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, the Scheme of Amalgamation of Indus Fabricons Private Limited and Technoplast Corporation Limited, the Applicant Company with Mojj Engineering Systems Limited, the Transferee Company and their respective members is dispensed with in view of averments made in paragraph twenty eight of affidavit dated 9th day of September 2008 of Mr. Balraj Bapusaheb Pol, Director of the Applicant Company in support of Summons for Direction. Applicant Company undertakes to give 3 individual notices to all its Unsecured Creditors and also publish notices in newspapers of the date of hearing of petition. The said undertaking is accepted. (c) There are no Secured Creditors in the Applicant Company as mention in paragraph twenty eight of the affidavit dated 9th day of September, 2008 of Mr. Balraj Bapusaheb Pol, Director of the Applicant Company in support of Summons for Direction. Hence the question of convening and holding meeting of the Secured Creditor does not arise. COMPANY JUDGE