IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.924 OF 2009 (Stamp No. 756 of 2009) IN COMPANY PETITION NO.376 OF 1997 In the matter of Section 391, 392 and 393 of the Companies Act, 1956; AND In the matter of Scheme for revival of M/s. Himachem Laboratories Pvt. Ltd. (Company in Liquidation). AND In the matter of orders dated 17/2/1999 passed by this Hon’ble Court in Company Petition No. 376 of 1997. HARISH SAKHARAM SAVARDEKAR] of Mumbai, Indian Inhabitant, ] residing at 40 Kembros Industrial ] Estate, Sonapura lane, off. L.B.S. ] Marg, Bhandup (W), Mumbai 400078 ] a Shareholder of M/s. Himachem ] Laboratories Pvt. Ltd. (in Liquidation) ] a company incorporated under the ] provisions of Companies Act, 1956 ] and represented by the Official ] Liquidator, having its office at Bank ] of India Building, M.G. Road, Fort, ] Mumbai – 400 023. ] .. APPLICANT Versus THE OFFICIAL LIQUIDATOR, ] HIGH COURT, BOMBAY ] appointed as the Liquidator of ] M/s Himachem Laboratories Pvt. Ltd. ] (in liquidation) having ] his office at Bank of India ] Building, 5th Floor, M.G. Road ] Mumbai – 400 023. ] .. RESPONDENT Called Summons for Direction Coram: S.J. Kathawalla J. Date 11th September, 2009 Mr. Zal T. Andhyarujina i/b M/s. Kiran Jain & Co., Advocates for the Applicant. MINUTES OF ORDER UPON the Application of the Applicant abovenamed by Summons for Direction AND UPON hearing Ms. Nita Solanki i/b M/s. Kiran Jain & Co., Advocates for the Applicant AND UPON reading the Affidavit dated 23rd June, 2009 of Mr. Harish H. Savardekar, the Applicant abovenamed, who is one of the shareholders of M/s. Himachem Laboratories Pvt. Ltd. (in Liquidation) in support of Summons for Direction AND the exhibition thereon referred to, IT IS ORDERED THAT :- 2 (1) The convening and holding the meeting of Equity Shareholders of the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification (s), the proposed revival of Company in Liquidation is dispensed in view of the consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibits A and B to the Affidavit dated 23/6/2009 of Mr. Harish S. Savardekar in support of the Summons for Direction. (2) There are no secured creditors of the Applicant Company as mentioned in Paragraph No.2 of the Affidavit in support of Summons for Direction, hence the question of convening and holding the meeting of secured creditors does not arise. (3) The convening and holding the meeting of unsecured creditors of the Applicant Company for the purpose of considering and if thought fit approving, with or without modification(s), the proposed Scheme of revival of Company in Liquidation is dispensed in view of the averments made in Paragraph No. 5 of the Affidavit in support of the Summons for Direction. The Applicant undertakes to issue individual notice of date of hearing of the Petition by R.P.A.D. to all its unsecured creditors and also to publish the same in one issue each of “Free Press Journal” in daily 3 newspaper in the English language and “Maharashtra Times” in a daily newspaper in Marathi language circulated in Mumbai. The undertaking is accepted. COMPANY JUDGE 4