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TMI Blog2009 (2) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... 340 OF 2008 AND 77 OF 2009 IN COMPANY PETITION NO. 541 OF 2008 - - - Dated:- 6-2-2009 - S.J. VAZIFDAR, J. Sanjay Udeshi and P. Khosla for the Petitioner. C.J. Joy for the Respondent. JUDGMENT 1. The applicant has sought an order directing the Registrar of Companies, Maharashtra to approve the proposed name of the company which is a part of the scheme of amalgamation sanctioned by an order of this Court dated 28-9-2008. 2. The above company petition was filed seeking sanction of a scheme of amalgamation between Caleb Brett India Private Limited (Transferor Company) with the Applicant Company (Transferee Company). After complying with the requisite procedure and requirements of law, the petition was taken up fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olate any provisions of law and is not contrary to the public policy. He also noted that there was no objection to the same in any respect by any of the parties including the Official Liquidator and the Regional Director. 5. Thereafter the company filed the scheme with the Registrar of Companies on 20-10-2008. On 25-11-2008, a formal application was made by the company to effect the change in the name of the transferee company as per clause 25 of the scheme. 6. On 25-11-2008, the Registrar of Companies passed the following order/remarks : "Resembling name. Suggest fresh name/s SRN should be resubmitted by 6-1-2009. This is the last time this SRN can be resubmitted. Thereafter further resubmissions of this SRN shall not be allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. "394A. Notice to be given to Central Government for applications under sections 391 and 394. The (Tribunal) shall give notice of every application made to it under section 391 or 394 to the Central Government, and shall take into consideration the representations, if any, made to it by that Government before passing any order under any of these sections." 9. In view of section 394A, the notice was ordered to be given to the Regional Director by this Court and was so given. Pursuant thereto, the Regional Director called for the report from the RoC referred to earlier and filed his affidavit enclosing a copy of the report of the RoC. It was open to the Regional Director under whom RoC functions to raise any objection under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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