COMP/135/2011 23/49 ORDER should not be in violation of any provision applicable to the transferor company i.e. should not be in violation of the laws applicable to the companies in the Country where the transferor company is formed and registered and situate. 6.3. Hence, it is necessary to examine and ascertain whether the said aspects exist and are complied with in present case, or not. 6.4. When the facts of present case are considered, it is noticed, as mentioned hereinabove, that the transferor company is incorporated, registered and situated outside India i.e. in Mauritius and under the provisions of the laws prevailing and applicable in Mauritius. From the proposed scheme and the details mentioned in present petition it comes out that the said transferor company fall within the purview of the terms “body corporate” which is defined under Section 2(7) read with Section 394(4)(b) of the Act and the petitioner transferee company is incorporated, registered and situated in India. 6.5. Thus, so as to support and justify the request for sanction and so as to satisfy the Court to grant the request, the transferor company and the petitioner company shall have to comply and fulfill all requirements under the laws applicable in Mauritius and in India and the transferor as well as the petitioner company shall Downloaded on : Fri Jan 27 19:33:28 IST 2023