IN THE HIGH COURT OF JUDICATURE AT PATNA COMPANY PETITION No.2 of 2010 Connected with and arising out of Company Application No.3 of 2009 ---- In the matter of an application u/s 391(2) & 394 of the Companies Act; And In the matter of M/s. Current Leasing & Finance Private Limited, a Company incorporated under the provisions of the Companies Act, 1956 and having its Registered Office at Bharatiya Place, Bandar Bagicha, Fraser Road, Patna-800001;--- ---Transferee Company And In the matter of M/s. Zodick Vanijya Private Limited, a Company incorporated under the provisions of the Companies Act, 1956 having its Registered Office at P-38, Princep Street, 1st Floor, Room No.1, Kolkata-700072;---- ---Tansferor Company And In the matter of M/s. Pearl Mercon Private Limited, a Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at P-41, Princep Street, 6th Floor, Kolkata-700072.—Transferor Company ---- For the petitioner Company:M/S Sajal Kr.Sinha Suraj Samdarshi For Company Affairs, Union of India :Mr.Dudheshwar Singh ---- 3. 30.4.2010 This is a petition under Section 391(2) and 394 of the Companies Act in which the prayer is to sanction the Scheme of Amalgamation of M/s. Zodick Vanijya Private Limited and M/s. Pearl Mercon Private Limited, i.e., the transferor Companies, with M/s. Current Leasing & Finance Private Limited, i.e., the transferee Company, under which all the properties, rights and claims of the transferor companies and their entire undertakings together with all rights and 2 obligations relating thereto are proposed to be transferred in the transferee Company on the terms and conditions as mentioned in the Scheme of Amalgamation. Both the transferor companies were incorporated as Private Limited Companies under the Companies Act, 1956 with their registered office at Kolkata in the State of West Bengal. The transferee Company was incorporated as a Private Company limited by shares under the Companies Act with its registered office at Patna within this State. 2. The three Companies came up with a Scheme of Amalgamation which was to come into effect from the 1st day of April, 2008 and the said Scheme was approved by their respective shareholders. The transferor Companies filed Company Petition No. 2 of 2009 connected with Company Application No.732 of 2008 in the High Court at Calcutta praying for sanction of the said Scheme of Amalgamation of the said two transferor Companies with the transferee Company and after complying with all the formalities finally by order dated 12.3.2009 the said High Court sanctioned the proposed Scheme of Amalgamation with effect from 1st day of April, 3 2008 as the transfer date with respect to the two transferee Companies. 3. In the present matter notices had been issued to the Company Law Board and the Registrar of Companies and an affidavit was filed by the Regional Director, Eastern Region, Ministry of Corporate Affairs, Kolkata stating that on examination of the petition in detail and the report of the Registrar of Companies, Bihar & Jharkhand it appeared that no complaint and/or representation has been received against the proposed Scheme of Amalgamation and therefore the Central Government has decided not to oppose the petition and the matter may be decided by this Court on its merits. 4. In view of the aforesaid facts, since the Scheme of Amalgamation of the transferee Companies with the transferor Company has already been sanctioned with respect to the transferee Companies by the Hon’ble Company Judge, Calcutta High Court, there does not appear to be any impediment in sanctioning the said Scheme with respect to the transferor Company, M/s. Current Leasing & Finance Private Limited. 5. The Scheme of Amalgamation of M/s. Zodick Vanijya Private Limited and M/s. Pearl Mercon 4 Private Limited with M/s. Current Leasing & Finance Private Limited, as contained in Annexure-4 to this petition, is, accordingly, sanctioned and shall be binding with effect from the 1st day of April, 2008 on the transferee Company. 6. The Company Petition is, accordingly, disposed of. (Ramesh Kumar Datta,J.) spal/