1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 53 OF 2010 In the matter of Companies Act, 1956; And In the matter of Application under Section 391 to 394 of the Companies Act, 1956; And In the matter of Aim Merchants Private Limited, a company incorporated under Companies Act, 1956 having their registered Office at 401, 4th Floor, Shreepati Arcade, A. K. Marg, Nana Chowk, Mumbai- 400 036. And In the matter of the Scheme of Amalgamation of ‘Aim Merchants Private Limited’ And ‘Reliant Viniyog Private Limited’ And ‘Virgo Textiles Private Limited’ with ‘Shreepati Infra Realty Limited’ and their respective shareholders. Aim Merchants Private Limited, ) A Company incorporated under ) the Companies Act, 1956, having ) its registered office at 401, 4th Floor, ) Shreepati Arcade, A. K. Marg, ) Nana Chowk, Mumbai- 400 036. ) …Applicant Called Summons for Direction Coram: S. J. Kathawalla, J. Date: 22nd January, 2010 Mr. Charul Abuwalla i/b. Dave & Co. Advocates for Applicant. 2 MINUTES OF THE ORDER UPON THE APPLICATION of the Applicant Company above named by Summons for Direction and upon hearing, Mr. Charul Abuwalla instructed by M/s. Dave & Co., Advocates for the Applicant Company and upon reading the Affidavit dated 17th December, 2009 of Mr. Omprakash Bhalchandra Gawde, in support of the Summons for Direction and the Exhibits referred therein, IT IS ORDERED: 1. That convening and holding the meeting of the Equity Shareholders of the Applicant Company to seek their approval to the Scheme of Amalgamation of Aim Merchants Private Limited AND Reliant Viniyog Private Limited AND Virgo Textiles Private Limited (Collectively the Transferor Companies) WITH Shreepati Infra Realty Limited (the Transferee Company) and their respective shareholders, is hereby dispensed with in view of the letters of consent given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits “C-1 & C-2” to the Affidavit in support of the Summons for Direction. 2. That convening and holding the meeting of the Unsecured Creditor of the Applicant Company to seek their approval to the Scheme of Amalgamation of Aim Merchants Private Limited AND Reliant Viniyog Private Limited AND Virgo Textiles Private Limited (Collectively the Transferor Companies) WITH Shreepati Infra Realty Limited (the Transferee Company) and their respective shareholders, is dispensed with in view of the letter of consent given by the Sole 3 Unsecured Creditor of the Applicant Company, which is annexed as Exhibit “E” to the Affidavit in support of the Summons for Direction. 3. There are no Secured Creditors of the Applicant Company as mentioned in paragraph 15 of the Affidavit in support of the Summons for Direction. Hence the question of convening and holding the meeting of Secured Creditors of the Applicant Company does not arise. (S. J. Kathawalla J.)