IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 100 OF 2011 IN THE MATTER of the Companies Act, 1956; AND IN THE MATTER of Sections 391 to 394 of the Companies Act, 1956; AND IN THE MATTER of Atul Raj Builders Private Limited; AND IN THE MATTER of the Scheme of Amalgamation of Ideal Toll Road Investments and Operations Private Limited with Atul Raj Builders Private Limited. Atul Raj Builders Private Limited, a company incorporated under the Companies Act, 1956, and having its Registered Office at 101, Shree Amba Shanti Chambers, Opp. Hotel Leela, Andheri Kurla Road, Andheri (E), Mumbai – 400 059. ) ) ) ) ) ) …….. Applicant CALLED FOR DIRECTION Coram: S.C.Dharmadhikari J Date: 18th ,February, 2011 Mr. Sayeed Y. Mulani i/b, Mulani & Co; Advocate for Applicant MINUTES OF THE ORDER UPON the Application of the Applicant abovenamed by a Summons for Direction AND UPON HEARING Mr. Sayeed Y. Mulani i/b. M/s Mulani & Co., Advocates for Applicant AND UPON READING the Affidavit dated 11th January, 2011 of Mr. Rajhoo Bbarot, Director, of the Applicant Company, in support of Summons for Direction, and the Exhibit in 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 the proposed Scheme of Amalgamation of Ideal Toll Road Investments and Operations Private Limited, the Transferor Company with Atul Raj Builders Private Limited, the Applicant/ Transferee Company is dispensed with, in view of the consents in writing given by all the Equity and Shareholders of the Applicant Company which are annexed as Exhibits F-1 to F-6 to the Affidavit in support of the Summons for Direction. 2. That convening and holding the meeting of Unsecured Creditors of the Applicant Company, for the purpose of considering, and if thought fit, approving, the proposed Scheme of Amalgamation of Ideal Toll Road Investments and Operations Private Limited, the Transferor Company with Atul Raj Builders Private Limited, the Applicant/ Transferee Company is dispensed with, in view of the consents in writing given by both the Unsecured Creditors of the Applicant which are annexed as Exhibits G-1 and G -2 to the Affidavit in support of the Summons for Direction. 3. There are no Secured Creditors of the Applicant Company. as stated in paragraph 17 of the Affidavit-in-support of Summons for Direction. Hence the question of convening and holding the meeting of Secured Creditors does not arise. (S. C. Dharmadhikari, J)