IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 124 OF 2011 IN THE MATTER of the Companies Act, 1956; AND IN THE MATTER of Sections 391 to 394 of the Companies Act, 1956; AND IN THE MATTER of Deshmukh Builders Private Limited; AND IN THE MATTER of the Scheme of Amalgamation of Hitesh Builders Private Limited with Deshmukh Builders Private Limited. Deshmukh Builders Private Limited, a company incorporated under the Companies Act, 1956, and having its Registered Office at 209, Udyog Bhavan, Sonawala Road, Goregaon (E), Mumbai – 400 063. ) ) ) ) ) ) …….. Applicant CALLED FOR DIRECTION Coram:- S. C. Dharmadhikari, J. Date: 18th February, 2011 Mr. Sayeed Y. Mulani i/b, Mulani & Co; Advocate for Applicant MINUTES OF THE ORDER That UPON the Application of the Applicant abovenamed by a summons for direction AND UPON HEREIN Mr. Sayeed Y. Mulani i/b. M/s. Mulani & Co. AND UPON READING the Affidavit dated 12th January, 2011 of MR. Mohan Deshmukh, Director/Company Secretary of the Applicant Company and the Exhibits therein referred to, IT IS ORDERED. 1. That convening and holding the meeting of Equity Shareholders of the Applicant Company, for the purpose of considering, and if thought fit, for approving, the propose Scheme of Amalgamation of Hitesh Builders Private Limited, the Transferor Company with Deshmukh Builders Private Limited, the Applicant/Transferee Company is dispensed with, in view of the consent in writing given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibits F-1 to F-4 to the Affidavit of in support of the Summons for Direction. 2. There are no Secured Creditors of the Applicant Company, as stated in paragraph 18 of the Affidavit in Support of Summons for Direction. Hence the question of convening and holding the meeting of Secured Creditors dose not were. 3. That convening and holding the meeting of Unsecured Creditors of the Applicant Company, for the purpose of considering and if thought feet approving, the propose Scheme of Amalgamation Hitesh Builders Private Limited, the Transferor Company with Deshmukh Builders Private Limited, the Applicant/Transferee Company is dispensed with, in view of the consents in writing given by all the Unsecured Creditors of the Applicant Company which are annexed as Exhibits G-1 to G-7 to the Affidavit in support of the Summons for Directions. (S. C. Dharmadhikari, J