DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED Vs. NIL

JUDGEMENT

(1.) THE applicants in C.A.Nos.767, 760, 761, 762, 763, 764, 765 and 766/2014 have filed these applications enclosing thereto the Valuation report, resolutions passed by the Transferor and Transferee companies and the consent letters issued by the shareholders of the respective applicant/petitioner companies. The share exchange ratio under the scheme was initially provided based on the unaudited accounts of the companies. However, on the accounts being audited there was revision in the valuation. Consequent thereto, share exchange ratio originally provided under the scheme has been suitably altered. The Board of Directors accordingly considered the same and obtained consent from the shareholders. As the altered share value is now a part of the scheme, the same has been produced along with these applications.

(2.) THE above noticed documents, in the backdrop of the averments made in the affidavit accompanying these applications being a part of the scheme are taken on record and the share exchange ratio indicated therein shall become part of the scheme. In that backdrop, the petitions are taken up for consideration.

(3.) THE petitioner companies in Co.P.Nos.294, 295, 296, 297, 298, 299 and 300/2013 are the Transferor companies No. 01 to 07 and the petitioner company in Co.P.No. 301/2013 is the Transferee company. They are before this Court seeking sanction of the scheme of amalgamation evolved among themselves. The scheme of amalgamation is produced at Annexure - A to these petitions.