IN RE: AKSH OPTIFIBRE LTD. Vs. STATE

JUDGEMENT

(1.) THE applicant Aksh Optifibre Limited, filed this application under sections 391 and 394 of the Companies Act, 1956 (hereinafter shall be referred to as 'the Act of 1956') for a direction of the Court as to the method of convening, holding and conducting the meeting of the equity shareholders, unsecured creditors and secured creditors of the applicant company, as to the notices and advertisement to be issued, for the purpose of considering and, if thought fit, approving with or without modification, the scheme of amalgamation between Aksh Broadband Limited (transferor Company) and Aksh Optifibre Limited (Transferee Company).

(2.) THAT the applicant company was incorporated on 19 -3 -1986 under the name and style of Aksh India Private Limited with the Registrar of Companies, NCT of Delhi and Haryana and was converted into a Public Limited Company on 13 -3 -1994 vide Special Resolution passed on 8 -3 -1994. Thereafter with effect from 7 -2 -2000 the transferee company shifted its registered office from the NCT of Delhi to the State of Rajasthan.

(3.) THE main objects of the applicant company as set out in the object clause of its Memorandum of Association, have been detailed out in para No. 5 of the application. The copy of the latest audited annual accounts of the applicant company has been submitted as Annexure C to the application.