1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.727 OF 2010 In the Matter of Companies Act, 1956 AND In the matter of Section 78, 100 and 101 of Companies Act, 1956 AND In the matter of utilisation of Securities Premium Account AND In the matter of CNCS FACILITY SOLUTIONS PRIVATE LIMITED, a Company registered under Companies Act, 1956 and having its Registered Office at 317, Hanuman Industrial Estate,14 G.D. Amedkar Marg, Wadala (E), Mumbai – 400031. CNCS FACILITY SOLUTIONS PRIVATE LIMITED, a Company registered under the Companies Act, 1956 and having its Registered Office at 317, Hanuman Industrial Estate,14 G.D. Amedkar Marg, Wadala (E), Mumbai – 400 031. ) ) ) ) ) ) Applicant Called Summons for Direction Coram: S. J. Vazifdar, J. Date: 19th November, 2010. Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co., Advocates for the Applicant. 2 MINUTES OF ORDER UPON THE APPLICATION of the abovenamed Applicant Company by a Summons for Direction AND UPON HEARING Mr. Sanjay Udeshi instructed by M/s. Sanjay Udeshi & Co., Advocate(s) for the Applicant Company AND UPON READING the Affidavit dated 12th November,2010 of Mr. Anand R. Shah , Director of the Applicant Company in support of Summons for Direction AND the Applicant Company having passed a Special Resolution at the Extra Ordinary General Meeting of the Equity Shareholders of the Applicant Company held on 25th October, 2010 and in view of the averments made in paragraphs 15 of the Affidavit dated 12th November,2010 of Mr. Anand R. Shah , Director that the reduction of share capital does not involve either diminution of any liability in respect of unpaid share capital or payment to any sharehoder of any paid up share capital of the Applicant Company, the provisions of and the procedure prescribed under Section 101(2) of the Companies Act, 1956 is dispensed with. (S. J. Vazifdar, J.)