1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.156 OF 2011 In the matter of Companies Act, 1956; And In the matter of Sections 391 to 394 of the Companies Act, 1956; And In the matter of Scheme of Amalgamation of M/s. Baba Plastics Private Limited; And M/s Maharshi Tools Private Limited; With M/s. Sri Devi Tool Engineers Private Limited; M/s Baba Plastics Private Limited , a Company ] incorporated under the Companies Act, 1956 having ] Its Registered Office at 108, CFC Tungareshwar ] Industrial Estate, Sativali Village , Vasai (East) ] Thane - 401208. ] … Applicant 2 Called Summons for Direction Coram: S. C. Dharmadhikari J. Date: 4th March, 2011 Mr. Vipul Shukla, Advocate for the Applicant MINUTES OF THE ORDER UPON the Application of the Applicant abovenamed by a Summon for Direction and UPON HEARING Mr. Vipul Shukla, Advocate for the Applicant AND UPON READING the Affidavit dated 15th September, 2010 of Mr. Surendra C. Kalyanpur, Director of the Applicant Company in support of Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:- 1. That convening and holding the meeting of the Equity Shareholders of the Applicant Company, to consider and approve the proposed Scheme of Amalgamation of Baba Plastics Private Limited (First Transferor Company) and Maharshi Tools Private Limited (Second Transferor Company) with Sri Devi Tool Engineers Private Limited, the Transferee Company is dispensed with in view of the consent given by all the Six Equity Shareholders of the Applicant Company, which are annexed as Exhibits B1 to B6 to the Affidavit in support of Summons for Direction. 2. There are no secured Creditors of the Applicant Company as stated in paragraph 27 of the Affidavit in support of Summons for Direction. Hence, the 3 question of convening and holding the meeting of Secured Creditors does not arise. 3. That the Convening and holding the meeting of the Unsecured Loan Creditors of the Applicant Company, to consider and approve the proposed Scheme of Amalgamation of Baba Plastics Private Limited (First Transferor Company) and Maharshi Tools Private Limited (Second Transferor Company) with Sri Devi Tool Engineers Private Limited, the Transferee Company is dispensed with in view of the consent given by all the Seven Unsecured Loan Creditors of the Applicant Company, which are annexed as Exhibits C1 to C7 to the Affidavit in support of Summons for Direction. 4. That the Convening and holding the meeting of the Sundry Creditors of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of Baba Plastics Private Limited (First Transferor Company) and Maharshi Tools Private Limited (Second Transferor Company) with Sri Devi Tool Engineers Private Limited, the Transferee Company is dispensed with in view of the consents given by all the Four Sundry Creditors, which are annexed as Exhibits D1 to D4 to the Affidavit in support of Summons for Direction. (S. C. Dharmadhikari, J.)