LAWS(KAR)-2015-7-318

IN RE: SKAND PRIVATE LIMITED Vs. STATE

Decided On July 14, 2015
In Re: Skand Private Limited Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE petitions are filed by Sattari Engineering Enterprises Private Limited (hereinafter referred to as 'the Transferor Company No. 1', for brevity), Sunshine Real Estates and Constructions Private Limited (hereinafter referred to as 'the Transferor Company No. 2', for brevity) and Skand Private Limited (hereinafter referred to as 'the Transferee Company', for brevity) seeking sanction of the Scheme of Amalgamation of the Transferor Company No. 1 and Transferor Company No. 2 with the Transferee Company. The petitioner in COP No. 296 of 2014 - The Transferor Company No. 1 was incorporated in the year 1990 under the provisions of the Companies Act, 1956 in the State of Karnataka with the main objects to carry on the business of manufacturing, buying, selling, reselling, sub -contracting, etc., all kinds of decorative parts of motors, vehicles, trucks, etc. The Company has its Registered Office at No. 80, No. 1, Behind Taluk Office, Sandur -583119.

(2.) THE petitioner in COP No. 297 of 2014 - The Transferor Company No. 2 was incorporated in the year 1993 under the provisions of the Companies Act, 1956 in the State of Karnataka with the main objects to carry on the business of Civil Engineering Contractors and the business of building, erecting and constructing structures, etc. for the purpose of the building business of the company, and etc. The Company has its Registered Office at No. 184/A, 'Khalid Building, 2nd Floor, 6th Cross, Near Anjineya Temple, M.J. Nagar, Hospet, Bellary -583203.

(3.) THE Board of Directors of the Transferor Company No. 1 in its meeting held on 1 -8 -2014, the Board of Directors of the Transferor Company No. 2 in its meeting held on 27 -6 -2014 and the Board of Directors of the Transferee Company in its meeting held on 2 -8 -2014, had unanimously approved and adopted a Scheme of Amalgamation. The extract of the Board resolutions and the minutes of meeting of the Board of Directors are also produced in support of the same.