HIGH COURT OF DELHI
Pratibha Buildtech Private Limited – Appellant
Versus
... – Respondent
CO.PET.-393/2015
CP 393/2015
Page 1 of 11
IN THE HIGH COURT OF DELHI
COMPANY PETITION NO. 393/2015
Reserved on 15th December, 2015
Date of pronouncement: 23rd December, 2015
In the matter of
The Companies Act, 1956 & the Companies Act, 2013 (to the extent
applicable):
And
Petition under Sections 391(1) to 394 read
with Section 100 of the Companies Act, 1956
Scheme of Amalgamation of:
Pratibha Buildtech Private Limited
Petitioner/Transferor Company No. 1
Competent Freight Carriers Private Limited
Petitioner/Transferor Company No. 2
Flying Computers Private Limited
Petitioner/Transferor Company No. 3
Gramin Vikas Infratech Private Limited
Petitioner/Transferor Company No. 4
Sanchiya Cabletronics (India) Private Limited
Petitioner/Transferor Company No. 5
Loyal Lands & Infrastructure Private Limited
Petitioner/Transferor Company No. 6
Mahan Infratech Private Limited
Petitioner/Transferor Company No. 7
WITH
Sunplus Developers Private Limited
Petitioner/Transferee Company
Through Mr. Ashish Middha, Advocate
for the petitioners
Mr. Sanjay Bose, Dy. Registrar of
Companies for the Regional Director
Mr. Rajiv Bahl, Advocate for the
Official Liquidator
CP 393/2015
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SUDERSHAN KUMAR MISRA, J.
1. This joint petition has been filed under Sections 391(1) to 394 read
with Section 100 of the Companies Act, 1956 by the petitioner companies
seeking sanction of the Scheme of Amalgamation of Pratibha Buildtech
Private Limited (hereinafter referred to as the transferor company no. 1);
Competent Freight Carriers Private Limited (hereinafter referred to as the
transferor company no. 2); Flying Computers Private Limited (hereinafter
referred to as the transferor company no. 3); Gramin Vikas Infratech
Private Limited (hereinafter referred to as the transferor company no. 4);
Sanchiya Cabletronics (India) Private Limited (hereinafter referred to as
the transferor company no. 5); Loyal Lands & Infrastructure Private
Limited (hereinafter referred to as the transferor company no. 6); and
Mahan Infratech Private Limited (hereinafter referred to as the transferor
company no. 7) with Sunplus Developers Private Limited (hereinafter
referred to as the transferee company).
2. The registered offices of the transferor and transferee companies
are situated at New Delhi, within the jurisdiction of this Court.
3. The transferor company no. 1 was incorporated under the
Companies Act, 1956 on 9th July, 2009 with the Registrar of Companies,
NCT of Delhi & Haryana at New Delhi.
CP 393/2015
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4. The transferor company no. 2 was incorporated under the
Companies Act, 1956 on 23rd November, 1989 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
5. The transferor company no. 3 was incorporated under the
Companies Act, 1956 on 2nd July, 2009 with the Registrar of Companies,
NCT of Delhi & Haryana at New Delhi.
6. The transferor company no. 4 was incorporated under the
Companies Act, 1956 on 1st July, 2009 with the Registrar of Companies,
NCT of Delhi & Haryana at New Delhi.
7. The transferor company no. 5 was incorporated under the
Companies Act, 1956 on 23rd March, 1995 with the Registrar of
Companies, NCT of Delhi & Haryana at New Delhi.
8. The transferor company no. 6 was incorporated under the
Companies Act, 1956 on 2nd July, 2009 with the Registrar of Companies,
NCT of Delhi & Haryana at New Delhi.
9. The transferor company no. 7 was incorporated under the
Companies Act, 1956 on 2nd July, 2009 with the Registrar of Companies,
NCT of Delhi & Haryana at New Delhi.
CP 393/2015