1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 291 OF 2010 In the matter of the Companies Act, 1956 (1 of 1956); AND In the matter of Sections 391 to 394 of the Companies Act, 1956; AND In the matter of Scheme of Amalgamation between Brillant Vyapaar Private Limited and Rizvi Estates & Hotels Private Limited and their respective shareholders Rizvi Estates & Hotels Private Limited } a Company Incorporated under the provisions of Companies } Act, 1956 having its registered office at Rizvi House, 1st floor, } Plot No. 34 & 35 T.P.S. 11 Junction of Hill Road & St. Martin } Road, Bandra, Mumbai 400050 }…..Applicant Company Called Summons for Directions Coram: S. J. KATHAWALLA J. Date: 23rd day of April, 2010 Mr. Hemant Sethi i/b M/s Hemant Sethi & Co. Advocates for the Applicant MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Company, Advocate for the Applicant Company, AND UPON READING the affidavit dated 31st day of March 2010 of Mr. Ganpathy Hegde, Authorised Signatory of the Applicant Company in 2 support of Company Summons for Direction, IT IS ORDERED THAT: 1. The convening and holding of 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 Amalgamation between Brillant Vyapaar Private Limited, the Transferor Company and Rizvi Estates & Hotels Private Limited, the Applicant/Transferee Company and their respective shareholders is dispensed with in view of consents given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits ‘H-1’ to ‘H-6’ of the affidavit in support of the Company Summons for Direction. 2. The convening and holding of the meetings of the Secured and Unsecured Creditors of the Applicant Company for the purpose of considering, and if, thought fit, approving with or without modification, the proposed Scheme of Amalgamation between Brillant Vyapaar Private Limited, the Transferor Company and Rizvi Estates & Hotels Private Limited, the Applicant/Transferee Company and their respective shareholders is dispensed with in view of averments made in paragraph twenty three of the affidavit in support of Company summons for Direction. Applicant Company undertakes to issue individual notices to all its Secured & Unsecured Creditors of the date of hearing of petition and also publish notices in newspapers. The undertaking is accepted. (S.J. KATHAWALLA J )