IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 372 OF 2010 In the matter of the Companies Act, 1956 AND In the matter of application under Sections 391 to section 394 of the Companies Act, 1956 AND In the matter of FAMY ENERGY PRIVATE LIMITED AND In the matter of; SCHEME OF ARRANGEMENT BETWEEN FAMY CARE LIMITED … Demerged Company AND FAMY ENERGY PRIVATE LIMITED … Resulting Company For demerger and transfer of Investment & Trading (Fabrics) division of FAMY CARE LIMITED into FAMY ENERGY PRIVATE LIMITED FAMY ENERGY PRIVATE LIMITED A company incorporated under the provisions of The Companies Act, 1956 and having it’s registered office at Brady House, 3rd floor, 12/14 Veer Nariman Road, Fort, Mumbai 400001 … Applicant / Resulting Company Called Summons for Directions CORAM: S.J. Vazifdar J. Date : 11th June, 2010 2 Mr. Yahya Ghoghari i/b. M/s. Thakore Jariwala & Associates, Advocates for Applicant MINUTES OF THE ORDER UPON the application of FAMY ENERGY PRIVATE LIMITED, the Applicant above named by Summons for Direction AND upon hearing Mr. Yahya Ghoghari Advocate for the Applicant Company and upon reading the Affidavit dated 4th June, 2010 of Mr. Haresh Raithatha, Authorised Signatory of the Applicant Company in support of Summons for Direction and the Exhibits therein referred to (Exhibit ‘G’ being a copy of the Proposed Scheme of Arrangement), IT IS ORDERED:- 1. That convening and holding of the Meeting of the Equity Shareholders, of the Applicant / Resulting Company, for the purpose of Considering and, if thought fit, approving, with or without modification(s), the arrangement embodied in the Scheme of Arrangement for demerger of Investment & Trading (Fabrics) division of FAMY CARE LIMITED, Demerged Company into FAMY ENERGY PRIVATE LIMITED, Resulting 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. 3 2. That convening and holding of the Meeting of the Unsecured Creditors, of the Applicant / Resulting Company, for the purpose of Considering and, if thought fit, approving, with or without modification(s), the arrangement embodied in the Scheme of Arrangement for demerger of Investment & Trading (Fabrics) division of FAMY CARE LIMITED, Demerged Company into FAMY ENERGY PRIVATE LIMITED, Resulting Company is dispensed with in view of the consents given by all 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. 3. There are no Secured Creditors of the Applicant Company as mentioned in paragraph 32 of the Affidavit in support of Company Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise. (S.J. Vazifdar, J.)