1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTIONS NO. 437 OF 2011 In the matter of Sections 391 to 394 of the Companies Act, 1956; And In the matter of ETHL Communications Holdings Limited; And In the matter of Scheme of Amalgamation between ETHL Communications Holdings Limited with India Securities Limited and their respective shareholders and creditors. ETHL Communications Holdings Limited ) a company incorporated under the Indian ) Companies Act, 1956 and having its ) Registered Office at Essar House, ) 11 Keshavrao Khadye Marg, ) Mahalaxmi Mumbai 400 034, Maharashtra ) ... Applicant/ Transferor Company Called for Summons for Directions Coram: S.J. Kathawalla, J. Dated: 8th July, 2011 Mrs. Cynthia Pereira i/b Rajani Associates, Advocate for Applicant 2 MINUTES OF THE ORDER Upon the Application of the Applicant abovenamed by a Summon for Directions and UPON HEARING Mrs. Cynthia Pereira instructed by Rajani Associates, Advocates for the Applicant, AND UPON READING the Affidavit dated 10th June, 2011 of Mrs. Harshada Pathak, the Authorised Signatory of the Applicant, in support of the Summons for Directions and the Exhibits thereto referred, IT IS ORDERED:- 1. That the convening and holding the meeting of the Equity Shareholders of the Applicant, for the purpose of considering and, if thought fit, approving, the proposed Scheme of Amalgamation of ETHL Communications Holdings Limited, the Applicant/Transferor Company with India Securities Limited the Transferee Company and their respective shareholders and creditors is dispensed with in view of the consents given by all the Equity Shareholders which are annexed as Exhibits I-1 to I-7 to the Affidavit in Support of Summons for Direction. 2. There are no Secured Creditors of the Applicant Company as stated in paragraph 10 of the Affidavit in Support of Summons for Direction. Hence, the question of convening 3 and holding the meeting of the Secured Creditors of the Applicant Company does not arise. 3. That the convening and holding the meeting of the Unsecured Creditors of the Applicant, for the purpose of considering and, if thought fit, approving, the arrangement embodied in the proposed Scheme of Amalgamation of ETHL Communications Holdings Limited the Applicant/Transferor Company with India Securities Limited the Transferee Company and their respective shareholders and creditors is dispensed with in view of the consents given by all the Unsecured Creditors which are annexed as Exhibits L-1 to L-3 to the Affidavit in Support of Summons for Direction. (S.J. Kathawalla, J.)