IMFINITY INDIA PRIVATE LIMITED AND IMFINITY TECHNOLOGIES PVT. LIMITED Vs. EXCELSOFT TECHNOLOGIES PVT. LTD.

JUDGEMENT

(1.) THIS joint first motion under Sections 391 and 393 of the Companies Act, 1956 (Act for short) read with Company (Court) Rules, 1959 (Rules for short) has been filed by Imfinity India Private Limited (transferor company No. 1) and Imfinity Technologies Pvt. Limited (transferor company No. 2) in respect of the scheme of amalgamation (annexure -K). The scheme envisages amalgamation of the two transferor companies as well as Huper LDT Private Limited with the Excelsoft Technologies Pvt. Ltd (transferee company).

(2.) REGISTERED office of the two transferor companies are located in the National Capital Territory of Delhi and this Court has jurisdiction to decide the present joint application made on behalf of the two transferor companies. Registered office of Huper LDT Private Limited and the transferee company is located in the State of Karnataka.

(3.) ALONG with the application, the two transferor companies have enclosed their Articles and Memorandum of Association. Details with regard to the date of incorporation, authorized, subscribed and paid up share capital of the said companies have been mentioned. Balance sheets for the year ending 31st March, 2010 of the two transferor companies have been placed on record. Copy of the resolutions passed by the Board of Directors of the two transferor companies and the transferee company approving the scheme of amalgamation have been placed on record.