1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.281 OF 2011 In the matter of Sections 391 to 394 of the Companies Act, 1956. AND In the matter of M. Suresh Exports Private Limited AND In the matter of the Scheme of Arrangement and Reconstruction of – M. Suresh Jewellery Private Limited, C.I. Jewels Private Limited, Shree Gaurishankar Investment Private Limited, Apex Diamond Exports Private Limited, with M. Suresh Exports Private Limited M. Suresh Exports Private Limited, incorporated and registered under the Companies Act, 1956, having its registered office at 419, Parekh Market, Opera House, Mumbai- 400004 ) ) ) ) ) ) ) …Applicant Called Summons for Direction Coram: S. J. Vazifdar, J Date : 6th May, 2011 Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co., Advocates for Applicant. 2 MINUTES OF ORDER Upon the Application of the Applicant above named by a Summons for Direction AND upon hearing Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co., Advocates for Applicant, AND upon reading the Affidavit dated 3rd March, 2011 of Mr. Manish R. Pethani, Director of the Applicant Company in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED: - 1. That convening and holding 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 Arrangement and Reconstruction of M. Suresh Jewellery Private Limited, C.I. Jewels Private Limited, Shree Gaurishankar Investment Private Limited, Apex Diamond Exports Private Limited with M. Suresh Exports Private Limited is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibits “S-1” to “S-10” to the Affidavit in Support of Summons for Direction. 2. There are no Secured Creditors of the Applicant Company, as stated in paragraph 29 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meetings Preference Shareholders and Secured Creditors does not arise. 3. That 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, the proposed Scheme of 3 Arrangement and Reconstruction of M. Suresh Jewellery Private Limited, C.I. Jewels Private Limited, Shree Gaurishankar Investment Private Limited, Apex Diamond Exports Private Limited with M. Suresh Exports Private Limited, is dispensed with in view of the consents given by both the Unsecured Creditors of the Applicant Company which are annexed as Exhibits “V” and “V-1” to the Affidavit in Support of Summons for Direction. (S. J. Vazifdar, J.)