1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 838 OF 2010. In the matter of the Companies Act 1 of 1956); AND In the matter of Section 391 to 394 of the Companies Act, 1956; AND In the matter of Scheme of Amalgamation of INITIAL INVESTMENT PRIVATE LIMITED, the First Transferor Company and BHOGAL MERCHANT & TRADING PRIVATE LIMITED, the Second Transferor Company and MEHRAULI TRADERS PRIVATE LIMITED, the Third Transferor Company with TRISHUL TRADERS PRIVATE LIMITED, the Transferee Company TRISHUL TRADERS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at 7/5, Malad CHS, Poddar Road, Malad (E), Mumbai-400 097. ) ) ) ) ) … Applicant Company. Called for Summons for Direction Coram: S. J. Vazifdar, J Date:23rd December, 2010 Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant MINUTES OF THE ORDER UPON the application of the Applicant Company abovenamed by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 10th December, 2010 of Mr. Jagdish Prasad Khandelwal, Director of the Applicant Company, in support of the Summons for 2 Direction and the Exhibits therein referred to, IT IS ORDERED:- 1. That the convening and holding the meeting of the Equity Shareholders of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of INITIAL INVESTMENT PRIVATE LIMITED, the First Transferor Company and BHOGAL MERCHANT & TRADING PRIVATE LIMITED, the Second Transferor Company and MEHRAULI TRADERS PRIVATE LIMITED, the Third Transferor Company with TRISHUL TRADERS PRIVATE LIMITED, the Applicant / 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 “J-1” to “J-3 ” to the Affidavit in support of the Summons for Direction. 2. That there are no Secured Creditors of the Applicant Company as stated in paragraph 25 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise 3. That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of INITIAL INVESTMENT PRIVATE LIMITED, the First Transferor Company and BHOGAL MERCHANT & TRADING PRIVATE LIMITED, the Second Transferor Company and MEHRAULI TRADERS PRIVATE LIMITED, the Third Transferor Company with TRISHUL TRADERS PRIVATE LIMITED, the Applicant / Transferee Company is dispensed with in view of the consents given by both the Unsecured Creditors of the Applicant Company, which are annexed as Exhibits “K-1” and “K-2” to the Affidavit in support of the Summons for Direction. (S. J. Vazifdar, J.)