IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTIONS NO. 160 OF 2010 In the matter of the Companies Act 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 M/S. VIKAS RUBBER INDUSTRIES PRIVATE LIMITED with CHOUDHARY INTERNATIONAL PRIVATE LIMITED M/s VIKAS RUBBER INDUSTRIES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 having its registered office at Plot No. 26, Phase II, Marol Industrial Area, MIDC, Andheri East, Mumbai –400 093. ) ) ) ) )…Applicant/Transferor Company. Called Summons for Direction Coram : S.J.Kathawalla, J. Date : 5th March, 2010. Mr. B.B.Parekh & Mr. A.W.Ansari, Advocates for the Applicants. MINUTES OF THE ORDER UPON the application of the Applicant above named by a Summons for Direction AND UPON hearing Mr. B.B.Parekh & Mr. A.W.Ansari, Advocates for the Applicant AND UPON READING the Affidavit dated 16th February, 2010 of G.S.Bhati, Authorized Signatory of the Applicant Company in support of the Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:- 1. That the convening and holding the meeting of the Equity Shareholders of the Applicant/ Transferor Company to consider and approve the proposed Arrangement embodied in the Scheme of Amalgamation of M/s VIKAS RUBBER INDUSTRIES PRIVATE LIMITED, the Transferor Company, with M/s CHOUDHARY INTERNATIONAL PRIVATE LIMITED, the Transferee Company is dispensed with in view of the consents given by both the Equity Shareholders of the Applicant/Transferor Company, which are annexed as Exhibit ‘B1’ and ‘B2’ to the affidavit in support of the Summons for Direction. 2. There are no Secured Creditors of the Applicant Company, as mentioned in paragraph 17 of the Affidavit in Support of the Summons for Direction. Hence, the question of convening and holding the meeting of the Secured Creditors does not arise. 3.. That the convening and holding the meeting of the Unsecured Creditors of the Applicant/Transferor Company to consider and approve the proposed Arrangement embodied in the Scheme of Amalgamation of M/s. VIKAS RUBBER INDUSTRIES PRIVATE LIMITED, the Transferor Company, with M/s. CHOUDHARY INTERNATIONAL PRIVATE LIMITED, the Transferee Company is dispensed with in view of consent given by the sole Unsecured Creditor of the Applicant/ Transferor Company which is annexed as Exhibit C in support of the Summons for Directions. ( S. J. Kathawalla, J )