: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.638 OF 2006 COMPANY PETITION NO.638 OF 2006 COMPANY PETITION NO.638 OF 2006 CONNECTED WITH CONNECTED WITH CONNECTED WITH COMPANY APPLICATION NO.954 OF 2006 COMPANY APPLICATION NO.954 OF 2006 COMPANY APPLICATION NO.954 OF 2006 In the matter of Sections 391 to 394 of the Companies Act, 1956; And In the matter of Scheme of Arrangement of Birla International Private Limited and Nirved Traders Private Limited Birla International Private Limited .. Petitioner WITH COMPANY PETITION NO.639 OF 2006 COMPANY PETITION NO.639 OF 2006 COMPANY PETITION NO.639 OF 2006 CONNECTED WITH CONNECTED WITH CONNECTED WITH COMPANY APPLICATION NO.955 OF 2006 COMPANY APPLICATION NO.955 OF 2006 COMPANY APPLICATION NO.955 OF 2006 In the matter of Section 391 to 394 of the Companies Act, 1956; And : 2 : In the matter of Scheme of Arrangement of Birla International Private Limited and Nirved Traders Private Limited Nirved Traders Private Limited .. Petitioner. Shri.Hemant Sethi i/b.Hemant Sethi & Co. for the petitioner. Shri.C.J.Joy with Shri.Parag Vyas i/b.P.Kapoor for R.D. CORAM : S.C.DHARMADHIKARI, J CORAM : S.C.DHARMADHIKARI, J CORAM : S.C.DHARMADHIKARI, J. DATE : 2ND FEBRUARY, 2007 DATE : 2ND FEBRUARY, 2007 DATE : 2ND FEBRUARY, 2007. P.C.: P.C.: P.C.: 1. These petitions are under sections 391 and 394 of the Companies Act, 1956 seeking sanction to the scheme of demerger of the petitioner with one Nirved Traders Pvt.Ltd. 2. The salient features of the scheme of demerger are set out in the petition. The latest financial position is also disclosed. A copy of the scheme is also annexed to the petition. The transferee company is Nirved Traders Pvt. Ltd. and all details pertaining to it are also set : 3 : out in the petition. 3. "Infrastructure Services", division of the petitioner company together with all attendant rights and obligations as per the scheme shall stand transferred and vested in the transferee company. 4. Since relevant particulars are disclosed on oath so also declarations given and the scheme having been examined and scrutinised by the R.D., who has found nothing prejudicial therein to the interest of the shareholders, creditors and the general public, this petition deserves to succeed. 5. Accordingly, Company Petition No.638 of 2006 is made absolute in terms of prayer clause (a) and Company Petition No.639 of 2006 is made absolute in terms of prayer clause (a). Costs of R.D. in both petitions are quantified at Rs.2,500/- each. Drawn up order dispensed with. All concerned to act on authenticated copy of this order and the scheme. (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.)