JUDGMENT :

P.B. Majmudar, J.

This appeal is directed against the judgment and order dated December 9, 2010 passed in Company Petition No. 183 of 2009 (Vodafone Essar Gujarat Ltd., In re (2011) 161 Comp Cas 144 (Guj)) whereby the learned company judge did not accord sanction to the scheme of arrangement under sections 391 to 394 and other applicable provisions of the Companies Act, 1956, whereby passive infrastructure assets of the appellant-company together with the passive infrastructure assets of other companies, transferor companies, shall vest in and become the right, property and assets of Vodafone Essar Infrastructure Ltd., the transferee company.

2. The transferee company was originally incorporated under the Companies Act, 1956, on January 19, 2007, with the Registrar of Companies, Maharashtra, Mumbai under the name and style of Perfect Tribute Impex P. Ltd. The company changed its name to Vodafone Essar Infrastructure P. Ltd., after passing the necessary resolution to this effect and obtained fresh certificate of incorporation on October 18, 2007. The company again changed its name to Vodafone Essar Infrastructure Ltd., and obtained fresh certificate of incorporation on Janua