KANYAKUMARI SOFTECH PRIVATE LIMITED Vs. NIL

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the respondent. The present petition is filed with a prayer seeking that the scheme of arrangement, namely the demerger be sanctioned by this court with or without modification and to declare the same as binding on the petitioner - - company, its shareholders and creditors and also on the demerged company and its shareholders and creditors.

(2.) OBJECTIONS are filed on behalf of the Registrar of Companies to claim that the main object of the petitioner - - company does not include an object of carrying out the construction work. In response to this, the petitioner has now filed an affidavit to place on record the circumstances that the petitioner has sought amendment of the main objects of the company. That a special resolution was passed at its Extra -ordinary General meeting on 17.08.2013 to amend the main objects clause to include the ability of the petitioner to carry out the business of demerged undertaking, namely building, developing, operating industrial parks, IT parks, etc. The said resolution was duly filed with the Registrar of Companies as per a copy of the certificate of registration of the Special Resolution dated 27.09.2013. The petitioner has also duly amended its memorandum of association by altering its main objects and therefore, is entitled to carry on the business of demerged undertaking.