: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.862 OF 2008 CONNECTED WITH COMPANY APPLICATION NO.1396 OF 2008 Sybase Software (I) Pvt. Ltd. ....Petitioner Mr.Rizvi N. Ali i/b Thakore Jariwala & Associates for the Petitioner. Ms.Bharti Mohant with Mr.S.D. Bhosale i/b Mr.S.K. Mohapatra for the Regional Director. Mr.N.G. Ghotekar, Provident Fund Commissioner present. CORAM : S.J. VAZIFDAR, J. DATED : 6TH FEBRUARY, 2009. P.C. : 1. The above Petition has been filed by the transferee company seeking sanction of a scheme of amalgamation. The registered office of the transferor company is in the state of Hariyana. I am informed that the transferor company has obtained necessary orders sanctioning the scheme in a petition filed by the transferor company. 2. The Regional Director in his affidavit stated that the scheme is not prejudicial to the interest of the creditors and the shareholders. 3. There was obviously a typographical error in : 2 : the scheme. Issued, subscribed and paid up capital was stated to be Rs.3,45,00,000/-, whereas it is in fact Rs.3,44,00,000/-. The error does not reflect adversely upon the scheme in any manner. The scheme however shall accordingly stand amended. The Petitioner shall also accordingly amend the scheme in the proceedings. 4. Mr.Ghotekar, Provident Fund Commissioner states that the Petitioner ought to undertake to pay the provident fund dues, if any. He states that the amount has not been computed as yet. Needless to say that the Petitioner would comply with the provisions of law including making provisions if any towards the provident fund dues. 5. The entire procedure has been complied with. There is no objection to the scheme being sanctioned by any party. There is nothing on record which disentitles the Petitioner to the reliefs claimed. 6. In the circumstances, the Company Petition is made absolute in terms of prayers (a) to (h). 7. The Transferee Company to lodge a copy of this order and the scheme with concerned Superintendent of Stamps for the purpose of : 3 : adjudication of stamp duty payable, if any, on the same within thirty days of obtaining the authenticated and/or certified copy of the order. 8. The Petitioner companies to pay costs of Rs.7500/- to the Regional Director. Costs to be paid within four weeks from today. 9. Filing and issuance of the drawn up order is dispensed with. . All concerned authorities to act on a copy of this order duly authenticated by Company Registrar, High Court, Bombay.