IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGIONAL CIVIL JURISDICTION COMPANY APPLICATION NO.360 OF 2009 In the matter of Sections 391 & 394 of Companies Act, 1956’ AND In the matter of Scheme of Amalgamation of Kanuhira Finance Private Limited (“First Amalgamating Company”) and Shree Nivesh Finvest Private Limited (“Second Amalgamating Company) and Dhirendra Memorial Hospital Private Limited (Third Amalgamating Company) and Machpack Enterprises Private Limited, (Amalgamated Company) and their respective members. Kanuhira Finance Private Limited , a Company } incorporated under the provisions of Companies } Act, 1956 having its Registered Office at Kishore } Kunj, Opp. Government Blind School, Near ISP } Hospital, Nasik Poona Road, Nashik- 422101 } } Applicant Company Called for Summons for Direction Coram: S .J. Vazifdar J . Date : 3rd April, 2009 0.0.0.0.0.1 Mr. Hemant Sethi i/b Hemant Sethi & Co. Advocates for Applicant 0.1 MINUTES OF THE ORDER UPON the application of the Applicant Company abovenamed by a Summons for Directions AND UPON HEARING Mr. Hemant Sethi instructed by Hemant Sethi & Co. Advocates for Applicant Company, AND UPON READING the Affidavit 1 dated 19th March 2009 of Mr. Kanyalal Kalani, Director of the Applicant company, in support of Summons for Directions ,IT IS ORDERED: 1. That the convening and holding the meeting of the Equity Shareholders of Kanuhira Finance Private Limited, the Applicant Company, for the purpose of considering and, if thought fit, approving, with or without modification(s), the arrangement embodied in the proposed Scheme of Amalgamation of Kanuhira Finance Private Limited (“First Amalgamating Company”) and Shree Nivesh Finvest Private Limited (“Second Amalgamating Company) and Dhirendra Memorial Hospital Private Limited (Third Amalgamating Company) with Machpack Enterprises Private Limited, (Amalgamated Company) and their respective members (“Scheme”) is dispensed with in view of consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibits C1 to C13 to the affidavit in support of the Summons for Directions. 2. That the convening and holding of the meetings of the Secured and Unsecured Creditors of Kanuhira Finance Private Limited, the Applicant Company for the purpose of considering and, if thought fit, approving, with or without modification(s), the arrangement embodied in the proposed Scheme of Amalgamation of Kanuhira Finance Private Limited (“First Amalgamating Company”) and Shree Nivesh Finvest Private Limited (“Second Amalgamating Company) and Dhirendra Memorial Hospital Private Limited (Third Amalgamating Company) with Machpack Enterprises Private Limited, (Amalgamated Company) and their respective members (“Scheme”) is dispensed with in view of averments made in paragraph thirty four of the affidavit in support of Summons for Direction. Applicant 2 Company undertakes to issue individual notice of the date of hearing of Petition by Registered Post A.D. to all its Creditors. The said undertaking is accepted. (S .J. VAZIFDAR J) 3