Co.Pet. 8/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. Devashis Baruah, learned counsel for the petitioner Company. Also hear d Mr. Randeep Sharma, learned A.S.G.I. 1. This is a petition under Sections 391, 393 and 394 of the Compan ies Act, 1956 for obtaining sanction of this Hon’ble Court to a Scheme of Amalga mation of Apeejay Typhoo Tea Private Limited, the Transferor Company with Apeeja y Tea Limited, being the Transferee Company, whereby the assets and undertakings of the Transferor Company and all the properties, rights and claims whatsoever together with all rights and obligations relating thereto is to be transferred to and vested in the Transferee Company on the terms and conditions fully stated in the said Scheme of Amalgamation, a copy whereof is annexed hereto and marked as Annexure-A. 2. By an order of this Court dated 23.11.2009, and on perusal of th e petition for confirming the Scheme of Amalgamation in Form No. 40, this petiti on was fixed for hearing on 14.12.2006 and notices were ordered to be advertised in The Assam Tribune and Asomiya Pratidin , Guwahati, not less than ten day before the date fixed for hearing and notices were also directed to be served o n the Central Government through the Regional Director, Eastern Region, Departme nt of Company Affairs, Kolkata and the Registrar of Companies, Shillong not le ss than 14 clear days before the date fixed for hearing, as required under Secti on 394A of the Companies Act read with Form No. 6 in the Companies (Court) Rules . 3. The learned counsel appearing for the petitioner states that all the aforesaid directions have been faithfully complied with and the notices hav e been served on all the parties. An affidavit of service has also been filed on 8.12.2009 to the said effect. The Central Government has submitted its report b y its communication dated 10.12.2009. In its report, the Central Government has stated that there is no complaint and/or representation received against the pro posed Scheme of Amalgamation and the Central Government does not wish to oppose the said Company Petition and further the petition be decided on its own merits by this Court. 4. Mr Randeep Sharma, the learned A.S.G.I. appearing for the Compan y Law Board has accordingly submitted that the petition for Amalgamation have be en examined in detail by the Regional Director, Eastern Region, Department of Co mpany Affairs, Kolkata and the Central Government has decided not to opposed. A copy of the instruction dated 10.12.09, under Memo No.RD/T/15459/391/L/09 receiv ed from the Regional Director in this regard by Mr Randeep Sharma is kept on rec ord. 5. As it appears, the Scheme of Amalgamation has been prepared bona fide and there is no bar whatsoever to the grant of approval/sanction to the Sc heme of Amalgamation, as prayed for, it is considered expedient that the prayer for approval/sanction of the Scheme of Amalgamation be granted. The Scheme is sa nctioned in terms of prayer (a), (b), (c), (d), (e), (f) and (g) of the petition . 6. Let the Registrar General draw up necessary orders in Form No.42 under the Companies (Court) Rules, 1956. 7. The case is disposed of with the above orders.