ALCATEL LUCENT TECHNOLOGIES INDIA PVT LTD Vs. STATE

JUDGEMENT

(1.) THESE are the applications under Section 391 (1) read with Sections 393 and 394 of the Companies Act, 1956 (hereinafter referred to as the Act) by applicants Alcatel-Lucent Technologies India Pvt. Ltd. (Applicant/transferor company no. 1), Spatial Communications India Pvt. Ltd. (Applicant/transferor company no. 3) and Lucent Technologies Hindustan Pvt. Ltd. (Applicant/transferor company no. 4) with Alcatel-Lucent India Limited (Applicant/transferee Company)seeking directions from the Court for convening, holding and conducting separate meetings of the equity shareholders, secured and unsecured creditors, which are statutorily required for sanctioning the scheme of arrangement for amalgamation of applicant companies.

(2.) THE registered offices of the applicant/transferee company and Transferor companies No 1and4 are situated at 202-206, Tolstoy House, 15 Tolstoy Marg, New delhi, 110001 and that of Transferor company no. 3 is at 10/29, West Patel Nagar, new Delhi, 110008, that is, within the jurisdiction of this Court. The transferor company no. 2 does not fall within the jurisdiction of this Court.

(3.) THE Board of Directors of the Applicant/transferee company has passed a resolution approving the Scheme of Arrangement on 17. 01. 2008 and the Board of directors of all the Transferor companies have passed separate resolutions approving the Scheme of Arrangement for amalgamation of Transferor companies with the Transferee company on 15. 01. 2008, copies of which have been filed on record.