IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.830 OF 2009 Called for Summons for Direction CORAM : S. J. KATHAWALLA J DATE: 14th AUGUST 2009 Mr. Hemant Sethi i/b Hemant Sethi & Co. Advocates for Applicant MINUTES OF ORDER UPON the application of the Applicant Company abovenamed by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi, i/b Hemant Sethi & Co. 1 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 Amalgamation of Harasiddh Enterprises (India) Private Limited and Harasiddh Properties (Thane) Private Limited with Harasiddh Builders & Developers Private Limited and their respective shareholders HARASIDDH BUILDERS & DEVELOPERS PRIVATE LIMITED, a company incorporated under Companies Act, 1956 and having its registered office at Tulsi Villa, Poddar Road, Santacruz (West), Mumbai- 400054 ) ) ) ……Applicant Company Advocates for Applicant Company, AND UPON READING the Affidavit dated 3rd August, 2009 of Mr. Mukul Patel, Director of the Applicant Company, in support of Summons for Directions: IT IS ORDERED: a. 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 modification, the proposed Scheme of Amalgamation of Harasiddh Enterprises (India) Private Limited and Harasiddh Properties (Thane) Private Limited, the Transferor Companies with Harasiddh Builders & Developers Private Limited, the Applicant/Transferee Company and their respective shareholders is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits ‘L1 to L9’ to the affidavit in support of the Summons for Directions. b. That the 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 modification, the proposed Scheme of Amalgamation of Harasiddh Enterprises (India) Private Limited and Harasiddh Properties (Thane) Private Limited, the Transferor Companies with Harasiddh Builders & Developers Private Limited, the Applicant/Transferee Company and their respective shareholders, is dispensed with in view of the averment made in 2 paragraph ten of the Affidavit in support of the Summons for Directions. Applicant Company undertakes to give individual notices to all its Creditors of the date of hearing of petition. The said undertaking is accepted. c. That there are no Secured Creditors in Harasiddh Builders & Developers Private Limited, the Applicant Company, as mentioned in paragraph nine of the affidavit in support of the Summons for Directions, hence, the question of convening and holding the meeting of Secured Creditors does not arise. Company Judge 3