IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1261 OF 2009 In the matter of the Companies Act I of 1956 AND In the matter of Section 391 to 394 read with sections 78,100 to 103 of the Companies Act, 1956 AND In the matter of the Scheme of Arrangement between ENKEI CASTALLOY LIMITED AND ENKEI WHEELS (INDIA) LIMITED ENKEI WHEELS (INDIA) LIMITED , a Company ) incorporated under the Companies Act, 1956 ) having its Registered Office at Gat 1426, ) Village Shikrapur, Takula Shirur, Pune, 412208 ) …….. APPLICANT Called Summons for Direction CORAM : Dr. D. Y. Chandrachud, J DATE : 4th December,2009 Mr.Rajesh Shah i/b Hemant Sethi & Co, Advocates for the Applicant Company MINUTES OF ORDER Upon the application of the Applicant above named by a Summons for Directions AND UPON hearing Mr.Rajesh Shah i/b Hemant Sethi & Co, Advocate for the Applicant 1 Company, AND UPON reading the Affidavit dated 11th November, 2009 of Mr. Kazunobu Kuroda, Authorised Signatory of the Applicant Company in support of Summons for Direction and the Exhibits referred to therein, IT IS ORDERED: 1. That convening and holding of the meeting of the Equity Shareholders of the Applicant Company,for the purpose of considering, and if thought fit, approving, with or without modifications, the Scheme of Arrangement between Enkei Castalloy Limited, the Demerged Company and Enkei Wheels (India) Limited, the Applicant/Resulting Company, is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibit “C-1 to C-7” to the Affidavit in Support of Summons for Directions. 2. That there are no Secured Creditors of the Applicant Company as mentioned in paragraph 21 of the Affidavit in Support of Summons for Directions. Hence,the question of convening and holding the meeting of Secured Creditors does not arise. 3. That convening and holding of the meeting of the Unsecured Creditors of the Applicant Company,for the purpose of considering, and if thought fit, approving, with or without modifications, the Scheme of Arrangement between Enkei Castalloy Limited, the Demerged Company and Enkei Wheels (India) Limited, the Applicant/Resulting Company,is dispensed with in view of the consent given by the sole Unsecured Creditor of the Applicant Company which is annexed as Exhibit “D” to the Affidavit in Support of Summons for Directions (Dr. D. Y. Chandrachud, J) 2