IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO.123 OF 2011 IN THE MATTER of the Companies Act, 1956; AND IN THE MATTER of Sections 391 to 394 of the Companies Act, 1956; AND IN THE MATTER of Hitesh Realtors Private Limited ; AND IN THE MATTER of the Scheme of Amalgamation of Hitesh Realtors Pvt. Ltd. with Deshmukh Builders Private Limited. Hitesh Realtors Private Limited , a company incorporated under the Companies Act, 1956, and having its Registered Office at 501, Commerce House, 140- Nagindas Master Rd, Mumbai – 400 020. ) ) ) ) ) ) ) …….. Applicant CALLED FOR DIRECTION Coram: S. C. Dharmadhikari, J Date: 18th, February, 2011 Mr. Sayeed Y. Mulani i/b, Mulani & Co; Advocate for Applicant MINUTES OF THE ORDER That UPON the Application of the Applicant abovenamed by a summons for direction AND UPON HEREIN Mr. Sayeed Y. Mulani i/b M/s. Mulani & Co. AND UPON READING the Affidavit dated 12th January, 2011 of Mrs. Jayashree D. Deshmukh, Director/Company Secretary of the Applicant Company and the Exhibits therein referred to IT IS ORDERED. 1. That convening and holding the meeting of the Equity Share holder of the Applicant Company, for the purpose of considering, and if thought fit, for approving the proposed Scheme of Amalgamation of Hitesh Realtors Private Limited, the Applicant/Transferor Company with Deshmukh Builders Private Limited, the Transferee Company is dispensed with, in view of the consents in writing given by all the Equity Shareholders of the Applicant Company, which are annexed as Exhibits F-1 to F-7 to the Affidavit in support of the Summons for Direction. 2. There are no Secured Creditors of the Applicant 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 of Unsecured Creditors of the Applicant Company, for the purpose of considering and if thought fit, approving, the proposed Scheme of Amalgamation of Hitesh Realtors Private Limited, the Applicant/Transferee Company with Deshmukh Builders Private Limited, the Transferee Company, is dispensed with, in view of the consents in writing given by both the Unsecured Creditors of the Applicant Company which are annexed as Exhibits G-1 and G-2 to the Affidavit in support of the Summons for Direction (S.C. Dharmadhikari, J)