IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 301 OF 2010 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 Acme Housing India Private Limited having its registered office at Acme Ghar, 19, K.D. Road, Vile Parle (West), Mumbai-400 056 AND In the matter of the Scheme of Amalgamation of Acme Amrut Building Developers Private Limited, Acme Amrut Property Developers Private Limited, Acme Dwellers Private Limited, Acme Residential Complexes Private Limited Prangan Housing Complexes Private Limited, with Acme Housing India Private Limited Acme Housing India ) Private Limited Incorporated and ) registered under the Companies Act, ) 1956, having its registered office at ) 2 Acme Ghar, 19, K.D. Road, ) Vile Parle (West), Mumbai-400 056 ) ..Applicant/ Transferee Company Called Summons for Direction Coram: S. J. Kathawalla J Date : 23rd April, 2010 Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co., Advocate for Applicants. MINUTES OF ORDER Upon the Application of the Applicant abovenamed by a Summons for Direction AND upon hearing Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co., for Applicant, AND upon reading the Affidavit dated 7th April, 2010 of Mr. Ketan J. Mehta, Authorized Signatory of the Applicant Company in support of the 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 modification, the Scheme of Amalgamation of Acme Amrut Building Developers Private Limited, Acme Amrut Property Developers Private Limited, Acme Dwellers Private Limited, 3 Acme Residential Complexes Private Limited and Prangan Housing Complexes Private Limited, with Acme Housing India Private Limited is dispensed with in view of the Consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibits V to V- 12 to the Affidavit in Support of Summons for Directions. 2. That convening and holding the meeting of the Secured Creditors of the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification, the Scheme of Amalgamation of Acme Amrut Building Developers Private Limited, Acme Amrut Property Developers Private Limited, Acme Dwellers Private Limited, Acme Residential Complexes Private Limited and Prangan Housing Complexes Private Limited, with Acme Housing India Private Limited is dispensed with in view of the consent of more than 50% in numbers and more than 74% of the Secured Creditors in value is obtained and annexed as Exhibit X & X-1 to the Affidavit in Support of Summons for Directions and a undertaking given by the Applicants in paragraph 33 of the Affidavit in Support of Summons For Directions to issue individual notice of date of Hearing of petition by R.P.A.D to the Secured Creditors whose consents have not been obtained. The said undertaking is accepted. 4 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, the Scheme of Amalgamation of Acme Amrut Building Developers Private Limited, Acme Amrut Property Developers Private Limited, Acme Dwellers Private Limited, Acme Residential Complexes Private Limited and Prangan Housing Complexes Private Limited, with Acme Housing India Private Limited is dispensed with in view consent of more than 57% in numbers and more than 27% of the Unsecured Creditors in value is obtained and annexed as Exhibit Z to Z-44 to the Affidavit in Support of Summons for Directions and a undertaking given by the Applicants in paragraph 34 of the Affidavit in Support of Summons For Directions to issue individual notice of date of Hearing of petition by R.P.A.D to the Secured Creditors whose consents have not been obtained. The said undertaking is accepted. (S. J. Kathawalla, J)