T.K.Basu, J. - (1.) In this application under Sections 391(2) and 394 of the Companies Act, 1956, the subject-matter is the sanction of a scheme of amalgamation of Karam Chand Thapar & Sons Ltd., the transferor-company, and Modern Agencies Ltd., the transferee-company. It may be mentioned that all the legal requirements regarding final sanction of the scheme have been duly completed.
(2.) At this stage, the Central Govt. has come forward with an affidavit affirmed by Chittaranjan Das on the 27th January, 1982. The only objection on behalf of the Central Government which will appear from paragraph 4 of the above affidavit is to the effect that the proposed scheme of amalgamation attracts the provisions of Section 23(2) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as " the MRTP Act "). As such, it is contended that no order of amalgamation should be passed unless the scheme for amalgamation has been approved by the Central Govt. under Section 23(2) of the MRTP Act.
(3.) Mr. R. C. Nag, appearing on behalf of the petitioners, draws my attention, in the first place, to Section 2(v) of the Act which defines undertaking as follows: "(v) 'Undertaking' means an undertaking which is engaged in the production, supply, distribution or control of goods of any description or the provision of service of any kind.";