1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 501 OF 2010 In the matter of Sections 391 to 394 of the Companies Act, 1956; And In the matter of the Scheme of Arrangement between Sahu Brothers Private Limited and Jain Sahu Brothers Investment Private Limited and their respective shareholders and creditors And In the matter of Sahu Brothers Private Limited. Sahu Brothers Private Limited ) a company incorporated under the Companies ) Act, 1956 having its registered office at 3rd floor, ) Nariman Point, Mumbai – 400 021, ) in the State of Maharashtra ) ….. Applicant Called Summons for Direction. CORAM: S. J. Vazifdar J. DATE: 23rd July 2010 Ms. Saeeda Bandukwala i/by J. Sagar Associates, Advocates for Applicant. 2 MINUTES OF THE ORDER Upon the application of the abovementioned Applicant Company by a Summons for Direction and UPON HEARING Ms. Saeeda Bandukwala, Counsel instructed by J. Sagar Associates, Advocates for the Applicant and UPON READING the Affidavit dated 9th day of July 2010 of Mr. V. Sridhar, Authorised Signatory of the Applicant Company in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED: 1. That the requirement of convening and holding the meeting of the equity shareholders of the Applicant abovenamed, for the purpose of considering and, if through fit, approving, with or without modification, the Scheme of Arrangement between Sahu Brothers Private Limited, the Applicant and Jain Sahu Brothers Investment Private Limited, the Resulting Company, is hereby dispensed with, in view of the consents given by all the Equity Shareholders of the Applicant, which are annexed as Exhibits F-1 to F-16 to the Affidavit in support of the Company Summons for Directions. 3 2. That the requirement of convening and holding the meeting of the unsecured creditors of the Applicant abovenamed, for the purpose of considering and, if thought fit, approving, with or without modification, the Scheme of Arrangement between Sahu Brothers Private Limited, the Applicant and Jain Sahu Brothers Investment Private Limited, the Resulting Company, is hereby dispensed with, in view of the consents given by both the Unsecured Creditors of the Applicant which are annexed as Exhibits G-1 and G-2 to the Affidavit in support of the Company Summons for Directions. 3. There are no Secured Creditors of the Applicant, as mentioned in paragraph 10 of the Affidavit-in-support of the Company Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise. (S.J. VAZIFDAR, J. )