IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 671 OF 2011 In the matter of the Companies Act, 1956; And In the matter of Application under Sections 391 to 394, of the Companies Act, 1956; And In the matter of Kovalam Resort Private Limited [CIN: U55204MH2011PTC221373]; And In the matter of Scheme of Arrangement between Hotel Leelaventure Limited and Kovalam Resort Private Limited and their respective shareholders and creditors. Kovalam Resort Private Limited [CIN: U55204MH2011PTC221373] a company, incorporated under the Companies Act, 1956 having its registered office at The Leela, Sahar, Mumbai – 400 059. ) ) ) ) ) …Applicant Called Summons for Direction Coram: S.C.Dharmadhikari, J. Date : 18th November, 2011 Ms. Sowmya Srikrishna with Mr. Tapan Deshpande, Advocates i/b. Amarchand & Mangaldas & Suresh A. Shroff & Co., Advocates for Applicant Company. MINUTES OF THE ORDER UPON the Application of the Applicant Company above named by Company Summons for Direction and upon hearing Ms. Sowmya Srikrishna, Counsel instructed by Amarchand & Mangaldas & Suresh A. Shroff & Co., Advocates for 2 the Applicant Company AND UPON READING the Affidavit dated 10th October, 2011 of Mr. Krishna Deshika, Director of the Applicant Company, in support of the Summons for Direction and the Exhibits referred therein, IT IS ORDERED THAT: (1) Heard counsel on the request to replace Exh “E” to the CSD. Request granted. Amendment be carried out by 21/11/2011. 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 modifications, to the proposed Scheme of Arrangement between Hotel Leelaventure Limited and Kovalam Resort Private Limited and their respective shareholders and creditors, is dispensed with, in view of the letters of consents given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “H-1” and H-2” to the Affidavit in support of the Company Summons for Direction. (2) There are no Secured Creditors and Unsecured Creditors of the Applicant Company as stated in paragraph 16 of the Affidavit in support of the Company Summons Direction. Hence, the question of convening and holding the meetings of Secured Creditors and Unsecured Creditors of the Applicant Company does not arise. (S. C. Dharmadhikari, J.)