SAMSUNG TELECOMMUNICATION INDIA PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 391 (1) read with Sections 393 and 394 of the Companies Act, 1956 (hereinafter referred to as the Act) by applicant samsung India Electronics Private Limited 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 applicant Samsung India Electronics Private limited with Samsung Telecommunication India Private Limited.

(2.) THE registered office of the Transferor company is situated at 3rd Floor, IFCI tower, 61, Nehru Place, New Delhi 110019 and of the applicant/transferee company is at 7th and 8th Floor, IFCI Tower, 61, Nehru Place, New Delhi 11001, 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 15th December, 2007, copies of which have been filed on record.