1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Company Application No. 51/2008 in Co. Application no.10/2008 Solar Industries Limited. Company Application No. 10/2008 Solar Industries Limited. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 4.7.2008 These applications have been filed by the first and second transferor companies seeking dispensation of filing of the petition by the transferee company. 2. Notices of these applications were given to the official liquidator as well as the Regional Director of the company at Bombay. On behalf of the official liquidator reply has been filed in which it has been stated that he has no objection if the prayers sought for by the first as well as second transferor companies are granted. In the reply filed by the Regional Director, in para no.6 he has stated as under: 6.(a): There is no separate Company Petition and the Company Application in respect of Transferee Company as required under Rules 67 and 79 of the Companies (Court) Rules, 1959. 6(b): There is no separate Company Petitions filed in respect of Transferee Company. Instead both the Transferor Companies have filed Company Applications No. 50 and 51 of 2008 in the Company Applications No.9 and 10 of 2008. 6(c) : As per clause 9 of the Scheme, on the Scheme coming into effect, the name of the Transferee Company shall be changed to “Solar Industries Limited”. In this connection the Transferee Company may be directed to comply with the statutory 2` provisions of Section 21 of the Companies Act, 1956 and filing of necessary forms with the Registrar of Companies after payment of necessary ROC fees as applicable. In so far as para no. 6(a) is concerned, according to Mr. Samarth, it is not necessary to file separate petition in Company Application and the issue is covered by the Judgment delivered by learned Single Judge in Mahaamba Investments Ltd. vs. IDI Limited, Company Cases, 16. I find merit in the submission of Mr. Samarth. The issue is covered by learned Single Judge in Mahaamba's case. In so far as para no. 6(b) is concerned, Mr. Samarth has stated that separate company petition has been filed in respect of both the transferor companies which are registered as Company Petition No. 5/08 and 8/08 respectively. This position has not been disputed by the official liquidator as well as Mr. Mishra appearing for and on behalf of the Regional Director. In so far as para no. 6(c) is concerned, Mr. Samarth states that the same shall be complied with in terms of the provisions of the Companies Acts and Rules after the order is passed by this Court. He has submitted that the undertaking to that effect has been filed on record. In view of the above, filing of the petition as well as Company Applications by the transferee company are dispensed with. Both the applications stand disposed of. Judge patle 3`