IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SUMMONS FOR DIRECTION NO. 175 OF 2011. In the matter of the Companies Act, 1 of 1956; AND In the matter of Sections 391 to 394 of the Companies Act, 1956; AND In the matter of Scheme of Amalgamation of Makarand Consultants Private Limited With Escalate Buildtech Private Limited Escalate Buildtech Private Limited, a company incorporated under the Companies Act, 1956 having its Registered Office at 602, Churchgate Chambers, 6th Floor, 5, New Marine Lines, Mumbai - 400 020. ) ) ) ) )…Applicant Company. Called for Summons for Direction Coram : S. J. Vazifdar, J. Date : 25th March, 2011 Mr. Rajesh Shah i/b M/s. Rajesh Shah & Co., Advocate for the Applicant. MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Directions AND UPON HEARING M/s. Rajesh Shah & Co., Advocate for the Applicant Company, AND UPON READING the Affidavit dated 03 rd March, 2011, of Mr. Kiran Jadhav, the Authorized signatory of the Applicant Company, in support of the Summons for Directions IT IS ORDERED:- 1. That the convening and holding of the meeting of the Equity Shareholders of the Applicant Company to consider and approve the proposed Scheme of Amalgamation of Makarand Consultants Private Limited, the Transferor Company with Escalate Buildtech Private Limited, the Applicant Company / 1 the Transferee Company is dispensed with in view of the consent given by both the Equity Shareholders of the Applicant Company, which is annexed as Exhibits “I-1” and “I-2” to the Affidavit in support of the Summons for Directions. 2. That there are no Secured Creditors of the Applicant Company as stated in paragraph 18 of the Affidavit in support of the Summons for Directions. Hence the question of convening and holding the meeting of Secured Creditors does not arise. 3. That the convening and holding of the meeting of the Unsecured Creditors of the Applicant Company to consider and approve the proposed the Arrangement embodied in the Scheme of Amalgamation of Makarand Consultants Private Limited, the Transferor Company with Escalate Buildtech Private Limited, the Applicant Company / the Transferee Company is dispensed with in view the averment made in paragraph 19 of the Affidavit in support of the Summons for Directions. The Applicant undertakes to issue notice of date of hearing of Petition to all its Unsecured Creditors by Registered Post A.D. and also to publish the same in Free Press Journal, in English and Maharashtra Times, in Marathi. The said undertaking is accepted. (S. J. Vazifdar, J.) 2