- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.259 OF 2009 In the matter of Companies Act, 1956 And In the matter of Sections 391 to 394 of the Companies Act, 1956. And In the matter of Scheme of Amalgamation of 1. Dhana Singh Estates Pvt. Ltd. 2. Dhanasingh Syntex Pvt. Ltd. 3. Harnam Textiles & Machines Pvt. Ltd. 4. Dalitex Silk Mills Pvt. Ltd. 5. G. M. Mills Pvt. Ltd. with Hartex Exports Pvt. Ltd. Dalitex Silk Mills Pvt. Ltd. ….. Applicant Company Called Summons for Directions. Coram : S. J. Vazifdar J. Date : 27th February 2009. Ananth Iyengar for the Applicant. MINUTES OF ORDER - 2 - UPON the application of the Applicant Company by Summons for Directions AND UPON hearing Ananth Iyengar for the Applicant Company and UPON READING the affidavit dated 10th February 2009 of S. Gurcharan Singh, the Director of the Applicant Company, in support of the Summons for Directions, IT IS ORDERED THAT : 1) The convening and holding of the meeting of Equity Shareholders of the Applicant Company for the purpose of considering and if thought fit, approving with or without modification(s) the proposed Scheme of Amalgamation of (1) Dhana Singh Estates Pvt. Ltd. (2) Dhanasingh Syntex Pvt. Ltd. (3) Harnam Textiles & Machines Pvt. Ltd. (4) Dalitex Silk Mills Pvt. Ltd. (5) G. M. Mills Pvt. Ltd. with Hartex Exports Pvt. Ltd. is dispensed with in view of the consents given by all the Equity Shareholders of the Applicant Company which are annexed as Exhibit ‘C-1’ to ‘C-11’ to the affidavit in support of the Summons for Directions. 2) There are no Secured Creditors of the Applicant Company, as mentioned in paragraph 76 of the affidavit in support of Summons for Directions. Hence, the question of convening and holding of the meeting of Secured Creditors of the Applicant Company for the purpose of considering and if thought fit, approving with or without modification(s) the proposed Scheme of Amalgamation of (1) Dhana Singh Estates Pvt. Ltd. (2) Dhanasingh - 3 - Syntex Pvt. Ltd. (3) Harnam Textiles & Machines Pvt. Ltd. (4) Dalitex Silk Mills Pvt. Ltd. (5) G. M. Mills Pvt. Ltd. with Hartex Exports Pvt. Ltd. does not arise. 3) The convening and holding of the meeting of the Unsecured Creditors of the Applicant Company for the purpose of considering and if thought fit, approving with or without modification(s) the proposed Scheme of Amalgamation of (1) Dhana Singh Estates Pvt. Ltd. (2) Dhanasingh Syntex Pvt. Ltd. (3) Harnam Textiles & Machines Pvt. Ltd. (4) Dalitex Silk Mills Pvt. Ltd. (5) G. M. Mills Pvt. Ltd. with Hartex Exports Pvt. Ltd. is dispensed with in view of the consents given by all the Unsecured Creditors of the Applicant Company which is annexed as Exhibits ‘D-1’ and ‘D-2’ to the affidavit in support of the Summons for Directions. Sd/- COMPANY JUDGE.