IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 1324 OF 2009 In the matter of Sections 391 to 394 of the Companies Act, 1956; And In the matter of Godavari Biofuel Private Limited. And In the matter of the Scheme of Amalgamation of Godavari Biofuel Private Limited and Ratnaprabha Sugars Limited into Shree Renuka Sugars Limited Godavari Biofuel Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 7th Floor, Devchand House, Shiv Sagar Estate, Dr. Annie Besant Road, Worli, Mumbai – 400018, Maharashtra ) ) ) ) ) …Applicant Company ( First Transferor Company) Called Summons for direction CORAM: Dr. D.Y. Chandrachud J Dated : 18th December, 2009 1 Mr. Ashish Kamat i/b M/s Chitnis & Co for Applicant Company. MINUTES OF THE ORDER UPON the Application of the Applicant abovenamed by a summons for direction, AND UPON hearing Mr. Ashish Kamat i/b M/s Chitnis & Co. for the Applicant and UPON reading the Affidavit dated 7th day of December, 2009 of Mr. Dakshinamurthy Viswanathan Iyer, Authorised Signatory of the Applicant Company in support of the summons for direction, IT IS ORDERED -: 1. That the convening and holding of 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 arrangement embodied in the Scheme of Amalgamation of Godavari Biofuel Private Limited and Ratnaprabha Sugars Limited into Shree Renuka Sugars is dispensed with in view of the consents in writing given by both the Equity Shareholders of the Applicant Company which are annexed as Exhibit “ H-1 ” and Exhibit “ H-2 ” to the Affidavit in support of Summons for Direction. 2. There are no Secured Creditors of the Applicant Company as mentioned in paragraph 23 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding of the meeting of Secured Creditors does not arise. 2 3. That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company for the purpose of considering, and if thought fit, approving, the arrangement embodied in the Scheme of Amalgamation of Godavari Biofuel Private Limited and Ratnaprabha Sugars Limited into Shree Renuka Sugars Limited is dispensed with in view of the consents in writing given by both the Unsecured Creditors of the Applicant Company which are annexed as Exhibit “I -1” and Exhibit “I-2 “ to the Affidavit in support of Summons for Direction . 4. Certified copy of the order be expedited. (Dr. D.Y. Chandrachud, J.) 3