1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 386 OF 2011. In the matter of the Companies Act, 1956; AND In the matter of Sections 100 to 105 of the Companies Act, 1956; AND In the matter of the Reduction of Share Capital of Scottish & Newcastle India Private Limited. Scottish & Newcastle India Private Limited ) a company incorporated under the Companies ) Act, 1956 and having its registered office at ) Trilegal, One Indiabulls Centre, 14th Floor, ) Tower One, Elphinstone Road, Mumbai – 400013. ) .... Applicant Company Called for Direction Coram : S. J. Kathawalla, J. Date : 1st July, 2011 Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Petitioner MINUTES OF THE ORDER UPON THE APPLICATION of the above named Applicant Company by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., 2 Advocates for the Applicant Company AND UPON READING the Affidavit dated 6th May, 2011 and further Affidavit dated 15th June, 2011 of Mr. Delano Furtado, Director of the Applicant Company and the Applicant Company having passed a Special Resolution at the Annual General Meeting of its Equity Shareholders held on 2nd May, 2011 and in view of the averments made in paragraph 15 of the said Affidavit dated 6th May, 2011, inter alia, stating that there is no Secured Creditor of the Applicant Company and in view of the consent given by its sole Unsecured Creditor, which is annexed as Exhibit “1” to the further Affidavit in support of the Summons for Direction, the provisions of and the procedure prescribed under Section 101 (2) of the Companies Act, 1956 is dispensed with. ( S. J. Kathawalla, J.)