Sunil Ambwani, J. - (1.) HEARD Shri R.P. Agarwal - -learned Counsel for petitioner. The Official Liquidator, U.P. at Allahabad and Regional Director, Northern Region, Ministry of Companies Affairs, PDIL Bhawan, A -14, Sector -I, Noida (UP) have filed their representations.
(2.) ON 8.11,2005, the Court passed following orders on the application under Section 391 /394 of Companies Act, 1956; This is an application under Section 391/394 of the Companies Act, 1956 3 for approving scheme of amalgamation of transferor? companies 1 to 5 with Shaw Wallace Distillers Ltd. with its registered office at Udyog Bhawan, 2nd Floor, 29 Walchand Hira Chand Marg, Ballard Estate, Mumbai, transferee company. It is stated that all the five transferor companies are wholly owned subsidiaries of the transferor companies and that all transferors and transferee companies have resolved in the meeting of board of directors to amalgamate. A supplementary affidavit has been filed stating in para 3 that the liabilities of the company towards its creditors are only towards the transferor companies and the transferee company. Paras 3, 4, 5 and 6 are quoted as follows: That the above interest free deposits have been taken by the applicant company from the following companies. Name of the depositor -company. Amount of deposit Rs. 1. Bhankerpur Simbhaoli Beverages (P) 64,721.00 Ltd. 2. Shaw Wallace Distilleries Ltd. 35,999.92 3. Shaw Wallace Financial Services Ltd. 10,16,450.00 4. Shaw Wallace & Company Ltd. 1,78.910.08 _____________ Total 2,96,081.00
(3.) THAT the above named Bhankerpur Simbhaoli Beverages (P) Ltd. is the transferor company No. 2 and Shaw Wallace Distilleries Ltd. is the transferee company in the present company application and both are accordingly parties to the proposed scheme of amalgamation.;