Ashok Kumar Mishra, Member - (1.) These Company Petitions were filed on behalf of the Petitioner Companies under Section 230-232 of the Companies Act, 2013, praying to order for sanctioning the Scheme of Amalgamation of the Transferor Companies with the Transferee Company and shall be binding upon all the Shareholders and Creditors of the Petitioner Companies.
(2.) The averments made in the Company Petitions are briefly described hereunder:- The Petitioner Companies seeks an order for sanctioning the Scheme of Amalgamation of ATHEROS COMMUNICATIONS INDIA PRIVATE LIMITED (Transferor Company No. 1), CSR INDIA PRIVATE LIMITED (1st Petitioner/Transferor Company No. 2), CSR TECHNOLOGY (INDIA) PRIVATE LIMITED (2nd Petitioner/Transferor Company No. 3), IKNOS COMMUNICATIONS (INDIA) PRIVATE LIMITED (3rd Petitioner/Transferor Company No. 4) with QUALCOMM INDIA PRIVATE LIMITED (Transferee Company). The Scheme of Amalgamation is shown as Annexure A and vide Orders dated 29th November 2016 of the Hon'ble High Court of Karnataka in C.A. No. 677/2016, C.A. No. 678 and C.A. No. 679/2016, the Petitioner Companies has filed the amended scheme which is shown as Annexure-X.
(3.) The Transferor Company No. 1 was incorporated on 18th October 2007 as the Private Limited Company under the name and style as ATHEROS COMMUNICATIONS INDIA PRIVATE LIMITED as a Private Limited Company and obtained Certificate of Incorporation vide bearing CIN No. U72200TN2007FTC065098.;