HCL TECHNOLOGIES LTD Vs. IN RE

JUDGEMENT

(1.) The applicants HCL Technologies (Mumbai) Ltd. (hereinafter "transferor company-I") and HCL Technologies BPO Services Ltd. (hereinafter 'transferor company-II) have filed this application under Sections 391 and 394 of the Companies Act, 1956 praying for directions dispensing with the requirement to convene separate meeting of the Shareholders and creditors for the purpose of considering and approving the Scheme of Amalgamation of the transferor companies with HCL Technologies Ltd. (hereinafter "transferee company"):

(2.) The registered offices of the transferor companies as well as the transferee company are situated at 806, Siddharth, 96, Nehru Place, New Delhi, which is within the territorial jurisdiction of this Court.

(3.) The petition is accompanied by the Scheme for Amalgamation (hereinafter "the Scheme") Memorandum & Articles of Association of the transferee and transferor companies as well as their balance-sheets. The salient features of the scheme and the circumstances necessitating the scheme have been explained in the application. It is also stated that no proceedings under Sections 235 to 251 of the Companies Act are pending against the applicant companies. The application is duly supported by an affidavit