DOOSAN BABCOCK ENERGY INDIA PRIVATE LIMITED Vs. DOOSAN ENGINEERING AND SERVICES INDIA PRIVATE LIMITED

JUDGEMENT

(1.) THIS is a first motion application under Sections 391 to 394 of the Companies Act, 1956 filed by the applicant Company "m/s Doosan Engineering and Services India Private Limited" (hereinafter to be referred as the "resulting Company") seeking dispensation of meetings by its shareholders, secured and unsecured creditors in relation to the sanction of a proposed scheme of arrangement for merger of the Company "m/s Doosan Babcock Energy India private Limited" (hereinafter to be referred to as the "demerged Company) with the applicant/resulting Company.

(2.) THE proposed Scheme of arrangement has been placed on record and the same has been perused by this Court.

(3.) THE registered offices of the applicant company (Resultant company) is stated to be situated at Delhi within the jurisdiction of this Court whereas the registered office of the Demerged company is situated in the jurisdiction of High Court of Chennai. It is stated that the demerged Company has filed similar application in the High Court of Madras for dispensation of meeting by its shareholders, secured and unsecured creditors in relation to sanction of the same scheme of arrangement and the decision on the said application is stated to be awaited.