IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.488 OF 2011. In the matter of the Companies Act I of 1956. AND In the matter of Sections 391 to 394 of the Companies Act,1956. AND In the matter of the Scheme of Amalgamation of. Shree Uttam Steel and Power Limited. with Sadguru Metallics Private Limited. SHREE UTTAM STEEL AND POWER LIMITED, a ) Company incorporated under the Companies Act, 1956) and having its Registered Office at Uttam House, 69, ) P D'Mello Road, Mumbai – 400 009 ).... APPLICANT Called Summons for Direction CORAM : S.J.KATHAWALLA, J DATE : 5th AUGUST, 2011 Mr.Hemant Sethi i/b Hemant Sethi & Co, Advocates for the Applicant Company. MINUTES OF ORDER UPON the application of the Applicant abovenamed by a Company Summons for Direction AND UPON hearing Mr. Hemant Sethi i/b Hemant Sethi & Co, Advocate for the Applicant Company AND UPON 2 reading the Affidavit dated 25th July, 2011 of Mr. Raggvendra Agarwal, Director of the Applicant Company in support of Company Summons for Direction and the Exhibits referred to therein, 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 modification(s),the proposed Scheme of Amalgamation of Shree Uttam Steel and Power Limited, the Applicant/Transferor Company with Sadguru Metallics 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 “C-1 to C-9” to the Affidavit in Support of Company Summons for Direction. 2. That there are no Secured Creditors of the Applicant Company as stated in paragraph 23 of the Affidavit in Support of Company Summons for Direction.Hence, the question of convening and holding meeting of Secured Creditors does not arise. 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 modification(s), the proposed Scheme of Amalgamation of Shree Uttam Steel and Power Limited, the Applicant/Transferor Company with Sadguru Metallics Private Limited, the Transferee Company is dispensed with in view of averments made in paragraphs 17 and 24 of the Affidavit in Support of Company Summons for Direction. The Applicant Company 3 undertakes to issue an individual notice of the date of hearing of the Petition by Registered Post A.D. to all Unsecured Creditors and also to publish notice of hearing of the Petition in local newspapers, viz. ‘Free Press Journal’ in English language and ‘Maharashtra Times’ in Marathi language, both circulated in Mumbai. The said undertaking is accepted. (S. J. KATHAWALLA, J)