2016 (8) TMI 1520 - HC - Companies Law

Prayer for direction to amend Clause 8 part 3 of the scheme by inserting a sentence subject to compliance of the requirements of the provisions of Section 14 and Section 61 read with Section 64 of the Companies Act, 2013 - HELD THAT - There is no Clause 8 in the scheme and it was an obvious mistake and accordingly the department was unable to carry out the amendment. The learned Counsel appearing on behalf of the Central Government submits that it should be Clause 4.12(b) and not Clause 8 Part III as wrongly mentioned in the affidavit of the Central Government. Under such circumstances, Clause 8 Part III of the scheme shall be read as Clause 4.12(b) of the scheme of amalgamation. The department is directed to draw up the scheme as expeditiously as possible - Let it be recorded that this matter was disposed of by an order dated 9th February, 2016.

Summary

The Calcutta High Court addressed a petition concerning difficulties faced by the petitioners in drafting an order due to errors in the Central Government's affidavit related to a scheme of amalgamation. The Court clarified the errors and directed the department to promptly rectify the scheme. The matter was resolved by an order dated 9th February, 2016. [Case citation: 2016 (8) TMI 1520 - CALCUTTA HIGH COURT]