1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 419 OF 2008 COMPANY APPLICATION NO. 419 OF 2008 COMPANY APPLICATION NO. 419 OF 2008 IN IN IN COMPANY PETITION NO. 865 OF 2007 COMPANY PETITION NO. 865 OF 2007 COMPANY PETITION NO. 865 OF 2007 CONNECTED WITH CONNECTED WITH CONNECTED WITH COMPANY APPLICATION NO. 1086 OF 2007 COMPANY APPLICATION NO. 1086 OF 2007 COMPANY APPLICATION NO. 1086 OF 2007 Vishkul Leather Garments Pvt. Ltd, .. Applicant Company. (Ori.Petitioner Co.) Ms. Alpana Ghone i/by Rajesh Shah & Co. for Applicant. Mr. C.J. Joy for the Regional Director. CORAM: A.S. OKA, J. CORAM: A.S. OKA, J. CORAM: A.S. OKA, J. DATE: 11TH APRIL, 2008. DATE: 11TH APRIL, 2008. DATE: 11TH APRIL, 2008. P.C. . Heard the learned counsel appearing for the parties. The prayer made in this application is for the modification of the scheme of amalgamation approved by this Court by order dated 14.12.2007 in Company Petition No. 865/07. The learned counsel appearing for the applicant has invited my attention to Exhibits D-1 to D-3 in which the equity shareholders have recorded their consent to the proposed amendment. The 2 submission of the learned counsel appearing for the Regional Director is that a notice will have to be published. 2. I have considered the nature of the modification proposed. The learned counsel for the applicant has tendered a Xerox copy of the affirmed affidavit of one Narayan Vithal Karbhase in which it is stated that both Mamta Tradelinks (India) Private Limited and Vishkul Leather Garments Private Limited are the private limited companies and are under the same management. She submits that the original affidavit will be filed within a week’s time from today. Statement is accepted. In a separate order passed today in Company Application No. 409/08, this Court has held that whether a publication of notice of the application made under clause (b) of Sub-section (1) of Section 392 of the Companies Act, 1956 is required to be made or not depends on the facts and circumstances of each case. After having perused the modification sought by this application and averments made in the affidavits, I am of the view that publication is not necessary. There is no other opposition to the Application. Accordingly, the application is made absolute in terms of prayer clauses (a) and (b). (A.S. Oka, J.) (A.S. Oka, J.) (A.S. Oka, J.) 3