IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 57 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 Chaphekar Power Private Limited, Transferor Company WITH Chaphekar Engineering Private Limited, Transferee Company AND Their respective Shareholders CHAPHEKAR POWER PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at Plot No. F-2, MIDC, Bhosari, Pune- 411026 ) ) ) )…………… The Applicant Company Called for Summons for Direction Coram: S. C. Dharmadhikari, J Date: 28th January, 2011 Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant MINUTES OF ORDER UPON the Application of the Applicant Company above named by Company Summons for Directions AND UPON HEARING Mr. Rajesh Shah, Advocate for the Applicant Company, AND UPON READING the Affidavit dated 19th day of January, 2011 of Mr. Uday Prabhakar Limaye, Authorised Signatory of the Applicant Company, in support of Company Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:- 1 1. That the convening and holding the meeting of the Equity Shareholders of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of Chaphekar Power Private Limited with Chaphekar Engineering Private Limited and their respective Shareholders is dispensed with in view of the consents given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “C1” and “C2” to the Affidavit in support of the Summons for Direction. 2. That the convening and holding the meeting of the Secured Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of Chaphekar Power Private Limited with Chaphekar Engineering Private Limited and their respective Shareholders, is dispensed with in view of the averments made in paragraph 18 of the Affidavit in support of the Summons for Direction. The Applicant undertakes to give individual notice of date of hearing of Petition by Registered Post A. D. to all its Secured Creditor and also to publish the same in ‘Economic Times’ in English and ‘Daily Sakal’ in Marathi, both having circulation in Pune. The said undertaking is accepted. 3. That the convening and holding the meeting of the Unsecured Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of Chaphekar Power Private Limited with Chaphekar Engineering Private Limited and their respective Shareholders, is dispensed with in view of the averments made in paragraph 18 of the Affidavit in support of the Summons for Direction. The Applicant undertakes to give individual notice of date of hearing of Petition by Registered Post A. D. to all its Unsecured Creditor and also to publish the same in ‘Economic Times’ in English and ‘Daily Sakal’ in Marathi, both having circulation in Pune. The said undertaking is accepted. (S. C. Dharmadhikari, J.) 2