IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 134 OF 2011. In the matter of Companies Act, 1956; And In the matter of Section 391 to 394 of The Companies Act, 1956; And In the matter of Scheme of Amalgamation of Impact Containers Pvt. Ltd. with Patcart Packaging Pvt. Ltd. Impact Containers Pvt. Ltd. ) a Company incorporated under the ) provisions of The Companies Act, 1956 ) and having its registered office at ) Patel Vanika, Western Express Highway, ) Goregaon (East), Mumbai 400 063. ) …Applicant. (Transferor Company) Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only. 2 CALLED SUMMONS FOR DIRECTION Coram : S. C. Dharmadhikari, J. Dated: 25th February, 2011. Mr. Viral P. Amin i/b M/s. B. Amin & Co., Advocate for the Applicant. MINUTES OF THE ORDER Upon the Application of the Applicant Company abovenamed by a Summons for Direction and UPON HEARING Mr. Viral P. Amin i/b M/s. B. Amin & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 7th December, 2010 of Nayan M. Patel, Director of the Applicant Company in support of Summons for direction, IT IS ORDERED:- 1. That convening and holding of the meeting of the Equity Shareholders of the Applicant Company, for the purpose of considering, and if thought fit, to approve, with or without modification, the proposed Scheme of Amalgamation of Impact Containers Pvt. Ltd., the Applicant/Transferor Company with Patcart Packaging Pvt. Ltd., the Transferee Company, is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant/Transferor Company which are annexed as Exhibits-‘G-1’ to ‘G-9’ to the Affidavit in support of Summons for Direction. Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only. 3 2. There are no Secured Creditors of the Applicant/Transferor Company as stated in paragraph 20 of the Affidavit in support of Summons for Direction. Hence, the question of convening and holding the meeting of Secured Creditors does not arise. 3. That convening and holding the meeting the Unsecured Creditors of the Applicant/Transferor Company, for the purpose of considering, and, if thought fit, to approve, with or without modification, the proposed Scheme of Amalgamation of Impact Containers Pvt. Ltd., the Applicant/Transferor Company with Patcart Packaging Pvt. Ltd., the Transferee Company, is dispensed with, in view of the consents given by all the Unsecured Creditors of the Applicant Company which are annexed as Exhibits ‘I-1’ to ‘I-10’ to the Affidavit in Support of Summons for Direction and in view of the averments made in paragraph 20 to the said Affidavit. The Applicant undertakes to issue individual Notice of date of hearing of Petition by R. P. A. D. to its remaining Unsecured Creditors whose consents are not obtained. The Undertaking is accepted. (S. C. Dharmadhikari, J.) Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.