TIRUPATI BUILDPLAZA PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) THIS second motion petition has been filed under Sections 391 and 394 of the Companies Act, 1956 ('Act') by Tirupati BuildPlaza Private Limited (hereinafter referred to as 'Petitioner Transferor company') seeking sanction to the Scheme of Amalgamation ('Scheme') between the Petitioner Transferor company and Gupta Promoters Private Limited (hereinafter referred to as 'Transferee company'). The Petitioner Transferor company is a wholly owned subsidiary of the Transferee company and there being no rearrangement vis a vis the shareholders of the Transferee company, the Transferee company has not approached the Hon'ble Court.

(2.) THE registered office of the Petitioner Transferor company is situated within the National Capital Territory of Delhi and is within the jurisdiction of this Court.

(3.) THE copies of the Memorandum and Articles of Association as well as the latest audited annual accounts for the year ended 31st March 2012 of the Petitioner Transferor company have also been enclosed along with the petition.