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2025 Supreme(Online)(NCLT) 2714

NATIONAL COMPANY LAW TRIBUNAL
SHRI. HARNAM SINGH THAKUR, SHRI. KAUSHELNDRA KUMAR SINGH, JJ
CLICKSOFTWARE INDIA PRIVATE LIMITED – Appellant
Versus
SALESFORCE.COM INDIA PRIVATE LIMITED – Respondent


Advocates:
For the Applicant Companies:Mr. Mohd Nazim Khan, Advocate
For the Respondents:

Table of Content
1. merger application details and compliance (Para 1)
2. court's analysis on shareholder and creditor meetings (Para 2 , 3 , 4)
3. order allowing the merger application (Para 5)

ORDER

This is a First Motion Application filed by the Applicant Company / Transferor Company under Section 230-232 of ‘The Companies Act, 2013’ read with ‘The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016’ and National Company Law Tribunal Rules, 2016’ in relation to the Scheme of Merger of Clicksoftware India Private Limited (for short hereinafter referred to as Applicant Company / Transferor Company) with Salesforce.com India Private Limited (for short hereinafter referred to as Transferee Company). The said Scheme is attached and annexed as Annexure-6 (Colly) in the Application. The registered office of the Transferor Company is in Gurgaon, Haryana, India and therefore, it is under the territorial jurisdiction of this Bench.

FACTS OF THE CASE

1. The facts of the case, as stated in the application, have been summarised below:

I. Applicant Company/ Transferor Company, bearing CIN: U72200HR2009FTC040800 is a Private Limited Company incorporated on 05th March, 2009 under the ju


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