IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1493 OF 2008 In the matter of Section 391 & 394 of the Companies Act, 1956 (I of 1956); And In the matter of Scheme of Amalgamation of Sanoja Properties Pvt. Ltd., (Sanoja) Kohra Properties Pvt. Limited (Kohra) With Future Communications Limited. M/s. Kohra Properties Pvt. Limited, ] a company incorporated and registered under ] the Companies Act, 1956 and having its ] Registered Office at 141, Santosh Tower, ] 3rd Cross Lane, Lokhandwala Complex, ] Andheri (West), Mumbai- 400 053 ] … Applicant Called for Summons for Directions Coram : A. M. Khanwilkar, J. Dated : 24 th October, 2008 Mr. Mukesh Jain Advocate with Mr. Jaswant Khatodiya Advocates for Applicant. MINUTES OF ORDER 1 Upon the application of the Applicant Company abovnamed by Summons for Direction and upon hearing Mr. Mukesh Jain, Advocate with Mr. Jaswant Khatodiya, Advocates for the Applicant Company, and upon reading the affidavit dated 7th day of July, 2008 of Smt. Sattee Shourie, Director of the Applicant Company in support of Summons for Direction and the Exhibits therein referred to, IT IS ORDERED: (1) That 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 modifications, the Scheme of Amalgamation of Kohra Properties Pvt. Limited (Kohra), the Applicant / Transferor Company with Future Communications 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 Exhibit H-1 and H-2 to the affidavit in support of the Summons for Direction. (2) There are no Secured Creditors of the Applicant Company as mentioned in Paragraph 16 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting Secured Creditors of the Applicant Company does not arise. 2 (3) That convening and holding the meeting of the Unsecured Creditors of the Applicant Company, for the purpose of considering, and if thought fit, approving, with or without modifications, the Scheme of Amalgamation of Kohra Properties Pvt. Limited, the Applicant / Transferor Company with Future Communications Limited, the Transferee Company is dispensed with in view of the consent given by the one of the Creditors of the Applicant Company which is annexed as Exhibit H-2 and in view of the averments made in Paragraph 16 of the Affidavit in support of Summons for Direction. COMPANY JUDGE 3