: 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 PETITION NO.57 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.42 OF 2009 In the matter of Sections 391 to 394 of the Companies Act, 1956 ; Apricot Leasing & Finance Pvt. Ltd. ..Petitioner. WITH COMPANY PETITION NO.58 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.43 OF 2009 Herga Investments Pvt. Ltd. ..Petitioner. WITH COMPANY PETITION NO.59 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.44 OF 2009 Jiffy Trading & Investment Pvt. Ltd. ..Petitioner. WITH COMPANY PETITION NO.60 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.45 OF 2009 Trim Leasing & Finance Pvt. Ltd. ..Petitioner. WITH COMPANY PETITION NO.61 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.46 OF 2009 Umbel Investments Pvt. Ltd. ..Petitioner. WITH COMPANY PETITION NO.62 OF 2009 CONNECTED WITH COMPANY APPLICATION NO.41 OF 2009 Nirmal Bang Commodities Pvt. Ltd. ..Petitioner. : 2 : Ms.Bandukwala i/b.J.Sagar & Associates for the Petitioners. Mr.M.S.Bharadwaj with Mr.Ashok Varma for the Regional Director. Mr.S.Ramakantha, Deputy Official Liquidator present. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 3RD APRIL, 2009 DATED : 3RD APRIL, 2009 DATED : 3RD APRIL, 2009 P.C. : P.C. : P.C. : 1. The Petitioners in the first five Company Petitions are the transferor companies and the Petitioner in the last company petition, the transferee company, have sought the sanction of a scheme of amalgamation under sections 391 to 394 of the Companies Act, 1956. 2. The entire procedure has been complied with. There is no objection from any of the parties to the scheme being sanctioned. 3. The Official Liquidator has filed his report stating that the affairs of the transferor companies have been conducted in a proper manner and that the transferor companies may be ordered to be wound up. 4. The Regional Director has filed an affidavit in the above petitions stating that save and except as : 3 : stated in paragraph 6 thereof it appears that the scheme is not prejudicial to the interest of shareholders and the public. 5. In paragraph 6, it is stated that Petitioners in Company Petition Nos.57 of 2009, 58 of 2009, 60 of 2009 and 61 of 2009 are non-banking financial companies and that therefore they be directed to file with the Reserve Bank of India, a copy of the scheme alongwith a copy of the order of this Court within one month from the date of the order. 6. Needless to state that all the companies will be bound to comply with all the provisions of law including the said provision, if necessary. 7. In the circumstances, the Company Petitions are made absolute in terms of prayers (a) to (e). 8. The transferee company to lodge a copy of this order and the scheme with the concerned Superintendent of Stamps for the purpose of adjudication of stamp duty, payable, if any, on the same within 30 days of obtaining the authenticated and/or certified copy of this order. : 4 : 9. The transferee company to pay costs of Rs.7500/- to the Regional Director. The transferor companies to pay the costs of Rs.7500/- to the Regional Director and the Official Liquidator, High Court, Bombay. Costs to be paid within four weeks from today. 10. Filing and issuance of the drawn up order is dispensed with. 11. All concerned authorities to act on a copy of this order duly authenticated by the Company Registrar, High Court, Bombay. ***