ARVATO BPO SERVICES INDIA PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) THIS is a joint application under Section 391 (1) read with Sections 393 and 394 of the Companies Act, 1956 (hereinafter referred to as the Act) by applicants Arvato BPO services India Private Limited (Applicant/transferor company) and Bertelsmann Marketting Services India Private Limited (Applicant/transferee company) seeking directions from the Court for convening, holding and conducting separate meetings of the shareholders, secured and unsecured creditors, which are statutorily required for sanctioning the scheme of amalgamation of Transferor Company with Transferee company.

(2.) THE registered office of the applicant/transferor company and the applicant/transferee company are situated at 301,intercontinental Grand Complex, barakhamba Lane , New Delhi 110001, that is, within the jurisdiction of this Court.

(3.) THE Board of Directors of the Transferor company and the Transferee company have passed separate resolutions approving the scheme of amalgamation of the transferor company with the Transferee company on 16th November, 2007, copies of which have been filed on record.