1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SCHEME PETITION NO. 631 OF 2010 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO. 686 OF 2010 In the matter of Section 78 read with Sections 100 to 104 of the Companies Act, 1956; And In the matter of reduction of Securities Premium Account of NV Realty Private Limited. NV Realty Private Limited, a company ) incorporated under the Companies Act 1956 ) having its registered office at ) D-5, Tardeo Everest Premises Co-op Society Ltd, ) J. Dadaji Marg, Tardeo, ) Mumbai – 400034. ) …Petitioner Coram: S. J. Vazifdar, J. Date: 19th November, 2010 Mr. Shyam Mehta, Counsel i/b J. Sagar Associates, Mumbai, Advocates for Petitioner. P.C. 1. Heard Learned Counsel for the Petitioner Company. 2. This is a Petition for obtaining sanction of the court under Section 78 read with Sections 100 to 104 of the Companies Act, 1956, to approve 2 the reduction of the Securities Premium Account of the Petitioner Company as approved by a Special Resolution of the members of the Petitioner Company at their Extraordinary General Meeting held on July 20, 2010. 3. As stated in Paragraph 6 of the Petition, the reduction of the Petitioner Company’s Securities Premium Account is being effected by the Petitioner Company by returning the surplus cash available in excess of the wants of the Company. 4. Counsel appearing on behalf of the Petitioner Company states that they have complied with all statutory requirements as per the directions of this Court and they have filed the necessary affidavit of compliance in this Court. Moreover, the Petitioner Company undertakes to comply with statutory requirements, if any, as required under the Companies Act, 1956 and the rules made thereunder. The undertaking is accepted. 5. None of the parties concerned have come forward to oppose the proposed reduction. Since the requisite statutory procedure has been fulfilled, the Petition is made absolute in terms of prayer clauses (a) and (b) of the Petition. 6. The Petitioner to publish notices in the same newspapers i.e. once each in the Free Press Journal in English and Maharashtra Times, in Marathi both circulated in Mumbai and also in the Maharashtra Government 3 Gazette about registration of Order and minutes of the reduction by the concerned Registrar of Companies, Mumbai within 21 days from the date of registration. 7. All concerned parties to act on an ordinary copy of the order and form of minutes annexed to the Petition. 8. Filing and issuance of drawn up order is dispensed with. (S. J. VAZIFDAR, J.)