IN RE: BHARTI INFOTEL PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) This application has been filed under Ss. 391, 392 & 394 of the Companies Act, 1956 read with Rules 6 & 9 of the Companies (Court) Rules, 1959 by the applicant/transferor company seeking directions of this court to dispense with the requirement of convening the meetings of its equity shareholders, secured and unsecured creditors to consider and approve, with or without modification, the proposed Scheme of Amalgamation of Bharti Infotel Private Limited (hereinafter referred to as the applicant/transferor company) with Bharti Enterprises (Holding) Private Limited (hereinafter referred to as the transferee company) and to dispense with the requirement of the transferee company to approach this Court for seeking sanction of Scheme of Amalgamation.

(2.) The registered offices of the applicant/transferor company and the transferee company are situated at New Delhi, within the jurisdiction of this Court.

(3.) The applicant/transferor company was originally incorporated under the Companies Act, 1956 on 4th March, 1983 with the Registrar of Companies, NCT of Delhi & Haryana at New Delhi under the name and style of Bharti Overseas Private Limited. The company changed its name to Bharti Enterprises Private Limited and obtained the fresh certificate of incorporation on 15th December, 1997. The word 'Private' was deleted from the name of the company w.e.f. 29.01.1998. The company again changed its name to Bharti Enterprises Private Limited and obtained the fresh certificate of incorporation on 9th May, 2000. The word 'Private' was deleted from the name of the company w.e.f. 31.03.2000. The word 'Private' was added in the name of the company w.e.f. 02.03.2001. The company finally changed its name to Bharti Infotel Private Limited and obtained the fresh certificate of incorporation on 3rd June, 2006.