IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO 826 OF 2008 CONNECTED WITH COMPANY APPLICATION NO 1331 OF 2008 In The Matter of Section 391 & 394 of the Companies Act, 1956; And In the matter of Scheme of Amalgamation of Jay Bharat Precision Fasteners Private Limited and Jay Bharat Cargo Movers Private Limited with SKS Fasteners Limited and their respective members Jay Bharat Cargo Movers Private Limited….Petitioner AND COMPANY PETITION NO 827 OF 2008 CONNECTED WITH COMPANY APPLICATION NO 1330 OF 2008 Jay Bharat Precision Fasteners Private Limited….Petitioner AND COMPANY PETITION NO 828 OF 2008 CONNECTED WITH COMPANY APPLICATION NO 1332 OF 2008 SKS Fasteners Limited….Petitioner Mr. Hemant Sethi /by Hemant Sethi & Co. advocates for Petitioners Mr..S Ramakantha, for Dy. Official Liquidator in Company Petition Nos. 826 of 2008 & 827 of 2008 . ----------------------------------------------with Mr. S.K Mohapatra for the Regional Director in all the Petitions . CORAM : A.M KHANWILKAR.J DATE: 12th DECEMBER 2008 P.C 1. Heard learned counsel for the parties. 2. The sanction of the Court is sought under Section 391 to 394 of the Companies Act, 1956 to a Scheme of Amalgamation of Jay Bharat Precision Fasteners Private Limited and Jay Bharat Cargo Movers Private Limited with SKS Fasteners Limited and their respective members. 3. Counsel appearing on behalf of the Petitioners has stated that they have complied with all the requirements as per directions of this Hon’ble Court and they have filed necessary affidavits of compliance in the Court. 4. The Regional Director has filed his affidavit in reply and has stated that the Scheme is not prejudicial to the interest of Creditors and Shareholders and public. 5. The Official Liquidator has filed report stating that the affairs of the Transferor Companies has been conducted in a proper manner and that the Transferor companies may be ordered to be wound up. 6. Upon perusal of the entire material on record, the Scheme appears to be fair and reasonable and is not violative of any provisions of law and is not contrary to any public policy. None of the parties concerned have come forward to oppose the Scheme. 7. There is no objection to the Scheme and since all the requisite statutory compliances have been fulfilled, Company Petitions are made absolute in terms of prayer clause (a). 8. The Petitioners in Company Petition No. 826 of 2008 & 827 of 2008 to pay cost of Rs.7500/- each to the Official Liquidator and the Petitioners in Company Petition Nos. 826 of 2008 to 828 of 2008 to pay cost of Rs. 7500/- each to the Regional Director. 9. Cost to be paid within four weeks from today. Petitioner to comply with statutory compliances, applicable, if any. 10. Filing and issuance of the drawn up order is dispensed with. All concerned authorities to act on a copy of this order and the Scheme duly authenticated by Company Registrar, High Court, Bombay. (A.M Khanwilkar J)