S.P.Mehrotra, J. - (1.) The present company petition has been filed under Sections 391 and 394 of the Companies Act, 1956 by the following companies : 1. Telesia Trading and Finance Ltd., a public limited company incorporated under the Companies Act, 1956, having its registered office at 22/134, Sri Dwarkadhish Road, Kanpur-208001 (hereinafter also referred to as the 'transferee company') (petitioner No. 1). 2. Gobind Vanijya Ltd., a public limited company incorporated under the Companies Act, 1956 having its registered office at 22/134, Sri Dwarkadhish Road, Kanpur-208001 (hereinafter also referred to as the 'transferor company No. 1') (petitioner No. 2). 3. Ujala Mercantiles Ltd., a public limited company incorporated under the Companies Act, 1956 and having its registered office at 22/134, Sri Dwarkadhish Road, Kanpur-208001 (hereinafter also referred to as the 'transferor company No. 2') (petitioner No. 3). 1.1 It is, inter alia, prayed in the company petition that the proposed scheme of amalgamation may be sanctioned by this court, and the order be passed that the two transferor companies would stand dissolved without winding up on filing a certified copy of the order of this court with the Registrar of Companies, Kanpur. An affidavit of Ravi Agarwal, sworn on 22-4-2003, who has stated himself to be the director of all the three petitioner companies, has been filed in support of the company petition.
(2.) It appears that a scheme of amalgamation has been proposed for amalgamation of the transferor Company No. 1 (petitioner No. 2) and the transferor Company No. 2 (petitioner No. 3) with the transferee company (petitioner No. 1). A copy of the proposed scheme of amalgamation has been filed as Annexure No. 1 to the company petition.
(3.) It further appears that the aforesaid three petitioners as applicants filed a company application under Sections 391 and 394 of the Companies Act, 1956, being Company Application No. 11 of 2003.;