Judgment · High Court · 2011

Mr. Rajesh Shah i/b. M/s Rajesh Shah & Co. Advocates for the Applicant. MINUTES OF THE ORDER UPON the application of the Applicant Company above named by a Summons for Direction AND UPON HEARING Mr. Rajesh Shah instructed by Rajesh Shah & Co., Advocates for the Applicant Company, AND UPON READING the Affidavit dated 17th November, 2011 of Mr.Pramod Satam, Authorised Signatory of the Applicant Company, in support of Summons for Direction and the Exhibits therein referred to, IT IS ORDERED:

That convening and holding of the meeting of the Equity Shareholders of the Applicant Company to consider and, if thought fit, approve, with or without modification(s), the proposed Scheme of Amalgamation of AAA Expert Advisory Private Limited, the Transferor Company No.1, AAA Systematic Advisory Services Private Limited , the Transferor Company No.2, AAA Showbiz Entertainment Private Limited, the Transferor Company No.3, AAA Multi Technical Services Private Limited, the Transferor Company No.4, AAA Dhara Projects Private Limited, the Transferor Company No.5 with AAA Vibgyor Entertainment Private Limited, the Transferee Company and their respective shareholders and creditors is dispensed with in view of the consents given by both the Equity Shareholders of the Applicant Company, which are annexed as Exhibits D1 and D2 to the affidavit in support of the Summons for Direction.

That there are no Secured Creditors of the Applicant Company as stated in paragraph 11 of the Affidavit in support of the Summons for Direction. Hence the question of convening and holding the meeting of Secured Creditors does not arise.

That convening and holding the meeting of the Unsecured Creditors of the Applicant Company to consider and, if thought fit, approve, with or 3 without modification(s), the proposed AAA Expert Advisory Private Limited, the Transferor Company No.1, AAA Systematic Advisory Services Private Limited, the Transferor Company No.2, AAA Showbiz Entertainment Private Limited, the Transferor Company No.3, AAA Multi Technical Services Private Limited, the Transferor Company No.4, AAA Dhara Projects Private Limited, the Transferor Company No.5 with AAA Vibgyor Entertainment Private Limited, the Transferee Company and their respective shareholders and creditors is dispensed with in view of the averments made in paragraph 12 of the Affidavit in support of the Summons for Direction. The Applicant Company undertakes to serve an individual notice of the hearing of the Petition by R.P.A.D. upon all its Unsecured Creditors. The Applicant Company also undertakes to publish the same in one issue each of two news papers viz., ‘Free Press Journal’ in English language and ‘Maharashtra Times’ in the Marathi language, both circulated in Mumbai. The said undertaking is accepted. (S. C. Dharmadhikari, J.)