IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION (1) Company Petition No.363 of 2006 with (2) Company application No.367 of 2007 with (3) Company Petition No.401 of 2006 with Company application No.614 of 2006 and Company Application No.953 of 2006. In the matter of scheme of Amalgamation of Kadakia Alkalies and Chemicals Ashok Organic Industries Ltd. ..Petitioners Mr.N.C.Parekh i/b M.Hiralal and Co. for petitioners. Mr.C.J.Joy i/b Mr.S.K.Mohopatra for R.D. Mr.Pranav Desai i/b U.K.Ambalal and Co. for intervenor. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 3rd July 2008 3rd July 2008 3rd July 2008 P.C. P.C. P.C. 1. In view of the settled legal position that no scheme of amalgamation under sections 391 and 394 of the Companies Act, 1956 can be sanctioned by this Court if the same concerns the company which is declared as sick industrial company by BIFR, the present company petitions and the company applications are not maintainable and they are accordingly dismissed with no order as to costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)