IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. COMPANY PETITION No. 169 of 2006 CONNECTED WITH COMPANY APPLICATION No. 797 of 2005. In the matter of Scheme of Amalgamation of Link Conveyor Manufacturing Company Pvt. Ltd. with Deccan Mechanical & Chemical Industries Pvt. Ltd. Deccan Mechanical & Chemical Industries Pvt. Ltd. ..Petitioner. WITH COMPANY PETITION No. 168 of 2006 CONNECTED WITH COMPANY APPLICATION No.796 of 2005. Link Conveyor Manufacturing Company Pvt. Ltd. ..Petitioner. Mr. Hemant Sethi for the Petitioner. Mr. S.C. Gupta OL only in CP No. 168/06 Mr. C.J. Joy with RC Master and with N. D. Sharma Dr. T.C. Kaushik .R.D. CORAM CORAM CORAM : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. DATE DATE DATE : 16th June, 2006. : 16th June, 2006. : 16th June, 2006. P.C. P.C. P.C. l] Heard Mr. Sethi appearing for the petitioner. Perused the petition and the annexures thereto. The Regional Director has filed an affidavit stating therein that the Scheme has been examined by the Registrar of Companies and he has forwarded a report certifying that the same is not - 2 - prejudicial to the interest of the Creditors and shareholders. 2] The Official Liquidator has submitted a report and the report refers to the findings of the Auditors. They have scrutinized Audited Accounts of the Company for the last five years. The relevant queries have been answered to the satisfaction of the Auditors. They have concluded in their report that affairs of the Company are not conducted in a manner prejudicial to the interest of its members or to public interest. The explanation with regard to Bad Debts has also been found satisfactory. Similar is the position with regard to increase in losses. 3] In the light of the contents of the reports referred to above, the petition deserves to be allowed. 4] It is accordingly made absolute in terms of prayer clause (a) subject to payment of costs to Regional Director and Official Liquidator,quantified at Rs.2,500/- each in Company Petition No.168/2006 and Rs.2,500/- payable to R.D.in Company Petition No. 169 of 2006. 5] All concerned parties including concerned - 3 - Registrar of Companies to act on the ordinary copy of the order and scheme annexed to the petition, authenticated by the Company Registrar, High Court, Bombay. 6] Filing and issuance of drawn up order is dispensed with. (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.)