1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 792 OF 2011 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 Arrangement of Bharath Hi-Tech Builders Private Limited and its shareholders Bharath Hi-Tech Builders Private Limited, a Company } Incorporated under the provisions of Companies Act, 1956 } Having its registered office at 601, Tulsiani Chambers, } Nariman Point, Mumbai 400 021, Maharashtra } ….Applicant Company Called Summons for Direction Coram:S.C. DHARMADHIKARI, J Date: 23RD DECEMBER 2011 Mr. Hemant Sethi, Hemant Sethi & Co., for Applicant MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 9TH day of December 2011 of Mr. Rajendra Thanvi, Authorised Representative of the Applicant Company, in support of Summons for Direction, IT IS ORDERED: 2 1. That convening and holding of meeting of Equity Shareholders of the Applicant Company for the purpose of considering and, if thought fit, approving with or without modification(s) the Scheme of Arrangement of Bharath Hi-Tech Builders Private Limited and its shareholders is dispensed with in view of consent given by all the Equity Shareholders as per the original letter of consent annexed as EXHIBITS ‘E1’ to ‘E13’ to the Affidavit in support of Company Summons for Direction. 2. That the convening and holding the meeting of the Secured Creditors of the Applicant Company for the purpose of considering and, if thought fit, approving with or without modification(s) the Scheme of Arrangement of Bharath Hi-Tech Builders Private Limited and its shareholders is dispensed with in view of averments made in paragraph 13 of the Affidavit in support of Company Summons for Direction. The Applicant Company undertakes to issue individual notices of hearing of the Petition by R.P.A.D to all its Secured Creditors. The Applicant Company also undertakes to publish the notice in one issue each of a daily newspaper viz, the ‘Free Press Journal’ in English and the ‘Maharashtra Times’ in Marathi, both of which are circulated in Mumbai. The said Undertaking is accepted. 3. That the convening and holding the meeting of the Unsecured Creditors of the Applicant Company for the purpose of considering and, if thought fit, approving with or without modification(s) the Scheme of Arrangement of Bharath Hi-Tech Builders Private Limited and its shareholders is dispensed with in view of averments made in 3 paragraph 14 of the Affidavit in support of Company Summons for Direction. The Applicant Company undertakes to issue individual notices of hearing of the Petition by R.P.A.D to all its Unsecured Creditors having an outstanding balance of more than Rs 6,00,000/- ( Rupees Six Lakhs and above). The Applicant Company also undertakes to publish the notice in one issue each of a daily newspaper viz, the ‘Free Press Journal’ in English and the ‘Maharashtra Times’ in Marathi, both of which are circulated in Mumbai. The said Undertaking is accepted. (S.C. DHARMADHIKARI, J)