KALAKRITI ENGINEERS INDIA LTD Vs. STATE

JUDGEMENT

(1.) THIS is a first motion joint application under section 391 and 394 of the Companies Act, 1956, in connection with the Scheme of Amalgamation of KALAKRITI ENGINEERS INDIA LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 1"), KALAKRITI INFRATRADE PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 2"), FIRST REALTRADE PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 3"), RICHI LOOK MARKETING PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 4"), SWAMI FOODS LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 5"), JAGRITI TRADECON PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 6"), MK REALTRADE (hereinafter referred to as "the PRIVATE LIMITED Applicant/Transferor Company No. 7"), BHOLEYJI INFRATRADE (hereinafter referred to as "the PRIVATE LIMITED Applicant/Transferor Company No. 8"), THREE-D FOOD AND BEVERAGES PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 9"), EXCLUSIVE AGENCIES LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 10"), SAUDA SECURITIES PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 11"), AAKASH INFRATRADE PRIVATE LIMITED (hereinafter referred to as "the Applicant/Transferor Company No. 12"), AHEAD (hereinafter referred to as "the ENTERPRISES LIMITED Applicant/Transferor Company No. 13") and ARAMBH TRADECON (hereinafter referred to as "the PRIVATE LIMITED Applicant/Transferor Company No. 14") with AKRITI REALTECH LIMITED ("the Applicant/Transferee Company"). A copy of the proposed Scheme of Amalgamation is filed along with the Application.

(2.) THE Registered Offices of the Applicant/Transferor Companies as well as the Applicant/Transferee Company are situated in the NCT of Delhi and are within the jurisdiction of this Court.

(3.) LEARNED Counsel for the Applicant/Transferor Companies and the Applicant/Transferee Company submitted that no proceedings under Sections 235 to 251 of the Companies Act, 1956 are pending against any of the Applicant/Transferor Companies and the Applicant/Transferee Company as on the date of the present application.