1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 113 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 CURABEST INVESTMENTS PRIVATE LIMITED and PHARMABEST INVESTMENTS PRIVATE LIMITED and MEDIBEST INVESTMENTS PRIVATE LIMITED with FRANCO-INDIAN HOLDINGS PRIVATE LIMITED MEDIBEST INVESTMENTS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at 20, Dr. E. Moses Road, Mumbai - 400011. ) ) ) ) …Applicant Company. Called for Summons for Direction Coram: S. C. Dharmadhikari, J Date: 11th February, 2011 Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant MINUTES OF 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 7th February, 2011 of Mr. Lalsa B. Yadav, Director of the Applicant 2 Company, in support of the Summons 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 CURABEST INVESTMENTS PRIVATE LIMITED, The First Transferor Company and PHARMABEST INVESTMENTS PRIVATE LIMITED, The Second Transferor Company and MEDIBEST INVESTMENTS PRIVATE LIMITED, The Applicant / Third Transferor Company with FRANCO-INDIAN HOLDINGS 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-3” to the Affidavit in support of the Summons for Direction. 2. That there are no Secured and Unsecured Creditors of the Applicant Company as stated in paragraph 25 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meetings of Secured and Unsecured Creditors does not arise. (S. C. Dharmadhikari, J)