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2016 Supreme(Del) 4228

R.K.GAUBA
IN THE MATTER OF: IDEA MOBILE COMMERCE SERVICES LIMITED – Appellant
Versus
. – Respondent


Advocates Appeared:
Mr. Rajiv Nayar with Mr. Sandeep Singh, Mr. Mahesh Agarwal and Mr. Rajeev Kumar.

JUDGMENT :

R.K. GAUBA, J.

1. This is a first motion application filed under Sections 391 and 394 of the Companies Act, 1956 read with rules 6 and 9 of the Companies (Court) Rules, 1959 by the applicant company seeking directions of this Court to dispense with the requirement of convening and holding a meeting of the equity shareholders and unsecured creditors of the Transferor company to consider and approve, with or without modifications, the proposed Scheme of Amalgamation of Idea Mobile Commerce Services Limited (hereinafter referred to as the applicant/Transferor company) with Aditya Birla Idea Payments Bank Limited (hereinafter referred to as non-applicant/Transferee company) and further to dispense with the requirement of the Transferee Company from approaching this Court or to initiate separate proceedings under sections 391 and 394 of the Companies Act, 1956 for seeking sanction of the Scheme of Amalgamation.

2. The registered offices of the Transferor Company is situated at New Delhi, within the jurisdiction of this Court.

3. The Transferor company was originally incorpo















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