S M TOWERS PVT LTD Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Sections 391 and 394 of the Companies Act, 1956 seeking sanction of the Scheme of Amalgamation of SM Towers Pvt. Ltd. (transferor company no. 1), Snerea Buildcon Pvt. Ltd. (transferor company no. 3), suni Estates Pvt. Ltd. (transferor company no. 4), JNG Farms Pvt. Ltd. (transferor company no. 5) and Kirti Realtors Pvt. Ltd. (transferor company no. 6)with AEZ Infratech Pvt. Ltd. (transferee company), and the Scheme of Demerger between Khemka Stuart Leisure Ltd. (demerged company) and AEZ Infratech Pvt. Ld. (transferee company ).

(2.) IN the original petition, Indirapuram Habitat Centre Pvt. Ltd. was included as Transferor company no. 2. However, subsequent to the filing of the present 2nd motion petition, Transferor company no. 2 decided to withdraw from the on-going amalgamation. The Court, while disposing off CA 1167 of 2007 on 14th November 2007, allowed the Transferor company no. 2 to withdraw from the ongoing amalgamation, and replaced the initial Composite Scheme of Amalgamation and Demerger with the revised Scheme after deleting the Transferor company no. 2 from the amalgamation.

(3.) THE registered offices of the Transferor companies no. , 3, 4 and 5, the Demerged company and the Transferee company are situated at 707, Chiranjiv towers, 43 Nehru Place, New Delhi " 110019, that is, within the jurisdiction of this Court. The registered office of Transferor company no. 6 is situated at C-20, Green Park Extension, New Delhi 110016, that is, within the jurisdiction of this Court.