1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO 459 OF 2011 In the matter of the Companies Act, 1956 (1 of 1956); AND In the matter of Sections 391 to 394 of the Companies Act, 1956; AND In the matter of Scheme of Amalgamation of Harnit Cyberways Private Limited (‘Harnit’ or ‘Transferor Company’) With Hadara Multitrading Private Limited (‘Hadara’ or ‘Transferee Company’) And their respective Shareholders. HADARA MULTITRADING PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Gharkul, Josghar, Near Umrale Church, Post Nallasopara, Tal. Vasai, Thane – 401203, Maharashtra ) ) ) ) ) ) ……..Applicant Company Called for Summons for Direction Coram: S.J. KATHAWALA, J Date: 29TH, JULY 2011 Mr. Hemant Sethi i/b. Hemant Sethi & Co., Advocate for the Applicant MINUTES OF ORDER UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 30th June, 2011 of Mr. Francis Miranda, Director of the Applicant Company, 2 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 Hadara Multitrading Private Limited, the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification(s), the proposed Scheme of Amalgamation of Harnit Cyberways Private Limited, the Transferor Company with Hadara Multitrading Private Limited, the Applicant /Transferee Company and their respective shareholders is dispensed with in view of consent given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits ‘H1’ and ‘H2’ to the Affidavit in support of Company Summons for Direction. 2 That there are no Secured and Unsecured Creditors in the Applicant Company, as stated in paragraphs 11 and 12 of the Affidavit in support of the Summons for Direction. Hence, the question of convening and holding of the meetings of Secured and Unsecured Creditors does not arise. (S.J. KATHAWALLA, J)