The Bombay High Court allowed the applicant company's application to amend its Company Scheme Petition and permit a modified Scheme of Amalgamation into ACC Limited, with the objection of the Regional Director waived.
Permission to amend the Company Scheme Petition and to take on record the modified Scheme of Amalgamation filed as Exhibit E.
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CA 452 of 2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO.452 OF 2012 IN
COMPANY SCHEME PETITION NO.425 OF 2011 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO.255 OF 2011
Encore Cement and Additives Private Limited …..Applicant/Petitioner
Mr.Ashish Kamat i/by M/s.Chitnis and Co., for Applicants. Mr.N.D.Sharma, for Regional Director.
CORAM: S.J.KATHAWALLA, J.
DATE: 13th SEPTEMBER 2012
P.C.
(a) That the Applicant Company be permitted to amend the Company Scheme Petition No.425 of 2011 dated 24th June, 2011 and the Scheme of Amalgamation of Lucky Minmat Limited, National Limestone
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CA 452 of 2012
Company Private Limited and Encore Cement and Additives Private Limited into ACC Limited annexed to the Company Scheme Petition as Exhibit “A” thereto in the manner set out in the Schedule I annexed and marked herewith as Exhibit D to the Affidavit in support of the Company Application.
(b) The Hon'ble Court be pleased to take on record the modified Scheme of Amalgamation of Encore Cement and Additives Private Limited into ACC Limited (the “Scheme”), annexed and marked herewith as Exhibit E to the Affidavit of Mr.Sunil Nayak, Chairman of the Applicant Company dated 26th Day of July, 2012 in support of Company Application, in substitution of Scheme of Amalgamation of Lucky Minmat Limited, National Limestone Company Private Limited and Encore Cement and Additives Private Limited into ACC Limited filed by the Applicant Company in Company Scheme Petition No.425 of 2011 dated 24th June, 2011 and marked to the Company Scheme Petition as Exhibit A thereto.
(c) The Applicant Company be permitted to carry out the incidental and consequential amendments in the Company Scheme Petition No.425 of 2011 in terms of the prayer (a) above.
( S.J.KATHAWALLA, J.)
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1 issue framed by the court
Whether the applicant company was permitted to amend its Company Scheme Petition and substitute a modified Scheme of Amalgamation.
1 provisions across 1 enactments
Encore Cement and Additives Private Limited
Regional Director
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
