1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.426 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.593 OF 2009 In the matter of the Companies Act 1956 (I of 1956) AND In the matter of sections 78 and 100 to 104 of the Companies Act 1956; AND In the matter of reduction of the Share Premium Account of SUNIL MANTRI REALTORS LIMITED SUNIL MANTRI REALTORS LIMITED, ) a Company Incorporated under the Companies ) Act, 1956, having its registered office at ) GA-1 Court Chambers, 35 New Marine Lines, ) Mumbai 400 020 ) …Petitioner Company Mr. Rishabh Shah i/b M/s. Raval-Shah & Co. for the Petitioner. 2 CORAM: A. M. KHANVILKAR J. DATE : 3rd day of July, 2009 PC: 1. Heard learned counsel for the Petitioner. 2. The sanction of the Court has been sought for the of the reduction of Share Premium Account as approved in a Special Resolution passed by the Shareholders of the Petitioner Company at an extraordinary general meeting held on 3rd July, 2008. 3. The reasons for reduction of share capital are stated in paragraph 5(b) of the Petition. The Board of Directors approved the Resolution for reduction of Share Premium Account in its Meeting held on 3rd June, 2008. 4. An order of dispensation of the procedure under Section 101(2) of the Companies Act, 1956 was passed by this Court on 8th May 2009 in the Company Application No.593 of 2009. 5 Counsel appearing on behalf of the Petitioners states that they have complied with all statutory requirements as per directions of this Court and they have filed necessary affidavits of compliance in the Court. Moreover, Petitioner 3 Company also undertakes to comply with statutory requirements, if any, as required under the Companies Act, 1956 and the Rules made thereunder. 6. None of the parties concerned have come forward to oppose the proposed reduction of share Premium Account. Since, the requisite statutory procedure has been fulfilled; the Petition is made absolute in terms of prayer clause (a) and (b). 7. All concerned parties to act on ordinary copy of order and the form of minutes annexed to this Petition at page no.118, duly authenticated by the Company Registrar, High Court, Bombay. 8. Petitioner to publish notices in the same newspapers i.e. Maharashtra Times in Marathi and Free Press Journal in English and also in the Maharashtra Government Gazette about registration of Order and minutes of reduction by the concerned Registrar of Companies, Mumbai, within 21 days from the date of Registration. (A. M. Khanvilkar, J.)