1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY SCHEME PETIITON NO 557 OF 2010 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO 577 OF 2010 Yantra Automation Private Limited......Petitioner/Demerged Company AND COMPANY SCHEME PETIITON NO 558 OF 2010 CONNECTED WITH COMPANY SUMMONS FOR DIRECTION NO 578 OF 2010 Yantra Harvest Energy Private Limited......Petitioner/Resulting Company In the matter of the Companies Act, 1956 (1 of 1956); AND In the matter of Sections 391 to 394 of the Companies Act, 1956; In the matter of Scheme of Arrangement between Yantra Automation Private Limited and Yantra Harvest Energy Private Limited and their Respective Shareholders Mr. Hemant Sethi i/b Hemant Sethi & Co., Advocates for the Petitioner. Ms. J.N Pandhi, i/b Mr. S. K. Mohapatra for Regional Director in both the Petitions. CORAM: S.J. KATHAWALLA , J DATE: 22ND OCTOBER, 2010 1. Heard learned counsel for the parties. 2. The sanction of the Court is sought under Sections 391 to 394 of the Companies Act, 1956 to the Scheme of Arrangement between Yantra Automation Private Limited and Yantra Harvest Energy Private Limited and their Respective Shareholder. 2 3. The Scheme inter-alia provides for demerger of “Trading undertaking of Distributorship of Harvest Products ; and (2) Investment Undertaking’’ of Yantra Automation Private Limited into Yantra Harvest Energy Private Limited. 4. Counsel appearing on behalf of the Petitioners has stated that the Petitioners have complied with all requirements as per directions of this Court and they have filed necessary affidavits of compliance in the Court. Moreover, Petitioners undertakes to comply with all statutory requirements, if any, as required under the Companies Act, 1956 and the rules made there under. The said undertakings are accepted. 5. The Regional Director has filed an affidavit stating therein that the scheme does not appear to be prejudicial to the interest of shareholders and public. 6. Since all the requisite statutory compliances have been fulfilled, the Company Scheme Petition No 556 of 2010 and Company Scheme Petition No 557 of 2010 are made absolute in terms of prayer clause (a) of the petition. 7. The Petitioner to lodge a copy of this order and the Scheme duly authenticated by the Company Registrar, High Court (O.S.), Bombay, with the concerned Superintendent of Stamps for the purpose of adjudication of stamp duty payable, if any, on the same within 60 days from the date of order. 8. The Petitioner to pay costs of Rs.10,000/- each to the Regional Director. 9. Costs to be paid within four weeks from today. 10.Filing and issuance of the drawn up order is dispensed with. 3 11. All authorities concerned to act on a copy of this order along with Scheme duly authenticated by the Company Registrar, High Court (O. S.), Bombay. (S.J. KATHAWALLA, J)