- (1.) THIS is a First Motion Petition under Sections 391 to 394 of the Companies Act, 1956, (for short 'Act') in connection with the Scheme of Amalgamation (for short 'Scheme') between MERCURIO PALLIA AUTOWORKS PRIVATE LIMITED (Transferor Company/ First Petitioner Company) AND MERCURIO PALLIA LOGISTICS PRIVATE LIMITED (Transferee Company/ Second Petitioner Company) (Collectively referred to as "Petitioner Companies"). A copy of the proposed Scheme is enclosed along with the application. The registered offices of the Petitioner Companies situated in Gurgaon, Haryana and are within the jurisdiction of this Court. The First Petitioner Company is the wholly owned subsidiary of the Second Petitioner Company.
(2.) DETAILS with regard to the date of incorporation of Petitioner Companies, their Authorized, Issued, Subscribed and Paid up Capital have been given in the Petition.
(3.) COPIES of the Memorandum and Articles of Association (Annexures P -2 and P -3) as well as the latest audited Annual Accounts for the year ended 31st March, 2013 of the Petitioner Companies have also been enclosed with the Petition. Learned Counsel for the Petitioner Companies submits that no proceeding under Sections 235 to 251 of the Act is pending against any of the Petitioner Companies as on the date of the present Application.;