1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 687 OF 2010 In the matter of the Companies Act, 1956 (1 of 1956) AND In the matter of Section 391 to 394 of the Companies Act, 1956; AND In the matter of Scheme of Amalgamation of INDEXINFO SERVICES PRIVATE LIMITED ( Transferor Company ) With IRON MOUNTAIN INDIA PRIVATE LIMITED (Transferee Company ) (formerly know as Mody Access Info Private Limited) And Their respective Shareholders and Creditors Iron Mountain India Private Limited ) [formerly known as Mody Access Info ) Private Limited] ) A Company incorporated under ) The Companies Act, 1956, ) Having its Registered Office at 6, ) St. James Court, 206 Marine Drive, ) Mumbai 400 020 ) ..Applicant Company (Transferee Company) Called Summons for Direction Coram : S. J. Kathawalla, J Dated : 22nd October, 2010. Mr. Pushkar P. Patankar, Advocate for Applicant M I N U T E S OF O R D E R UPON the Application of the Applicant abovenamed by a Summons for Direction AND UPON HEARING Mr. Pushkar. P. 2 Patankar, Advocate for the Applicant AND UPON READING the Affidavit dated 21st November, 2009 and the Additional Affidavit dated 23rd June, 2010 of Neville S. Mody, Director of the Applicant Company and the further Additional Affidavit dated 23rd September, 2010 of Madhuri P. Patkar, Assistant Manager – Legal of the Applicant Company, in Support of the Summons for Direction, and the Exhibits therein referred to, IT IS ORDERED THAT : 1. The 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(s), the proposed Scheme of Amalgamation between Indexinfo Services Private Limited, the “Transferor Company” with Iron Mountain India Private Limited, the “Transferee Company” is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits F – 1 to F – 3 to the Affidavit dated the 21st day of November, 2009 in Support of the Summons for Directions. 2. The convening and holding the meeting of the Secured Creditors of the Applicant Company, for the purpose of 3 considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation between Indexinfo Services Private Limited, the “Transferor Company” with Iron Mountain India Private Limited, the “Transferee Company” is dispensed with in view of the consents given by the 96% of Secured Creditors of the Applicant Company, which is annexed as Exhibit G – 1 to the Affidavit dated the 21st day of November, 2009 in Support of the Summons for Direction and in view of the averments made in paragraph 8 of the Additional Affidavit dated 23rd June, 2010 in Support of the Summons for Direction. The Applicant undertakes to issue individual notice of date of hearing of Petition by R. P. A. D. to all its Secured Creditors and also to publish the same in Free Press Journal in English and Maharashtra Times in Marathi. The Undertaking is accepted. 3. The convening and holding of meeting of the 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 Amalgamation between Indexinfo Services Private Limited, the “Transferor Company” with the Iron Mountain India 4 Private Limited, the “Transferee Company” is dispensed with in view of the consents given by 84% of the Unsecured Creditors of the Applicant Company, which are annexed as Exhibits H – 2 to H – 22 to the Affidavit dated the 21st day of November, 2009 in Support of the Summons for Direction and in view of the averments made in paragraph 9 of the Additional Affidavit dated 23rd June, 2010 in Support of the Summons for Direction. The Applicant undertakes to issue individual notice of date of hearing of Petition by R. P. A. D. to all its Unsecured Creditors and also to publish the same in Free Press Journal in English and Maharashtra Times in Marathi. The Undertaking is accepted. ( S. J. Kathawalla, J. )