DHANESH ENTERPRISES PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) Present application has been submitted by the applicant herein - Dhanesh Enterprise Private Limited - Transferor Company for rectification of the typographical mistakes in the Scheme of Amalgamation which has been sanctioned by by this Court vide judgment and order dated 03.05.2010 in Company Petition No.117/2009 with Company Petition Nos.118/2009 and 119/2009.

(2.) Shri Pahwa, learned advocate appearing on behalf of the applicant Transferee Company has submitted that there are some bonafide typographical errors in the Scheme of Amalgamation which has been sanctioned by this Court which are absolutely bonafide and therefore, it is requested to rectify the said typographical mistakes. It is submitted that in the Scheme in Clause 12.1 which relates to Clause V of the Memorandum of Association of the Company (after sanction of the Scheme), instead of Rs.60,00,000 (Rupees Sixty Lacs Only) it is typed 'Rs.60,00,00,000 (Rupees Sixty Crores Only)'. It is further submitted that the second error is the description of figure 6,00,000 (six lacs) where it is described 'six seventy lacs' instead of 'six lacs'. It is further submitted that in clause 13 of the Scheme, instead of reference being made to the Hon'ble High Court of Gujarat, at Ahmedabad, through mistake, reference is made to the High Court of Judicature, at Bombay. It is further submitted that in Clause 19, the Transferee Company is described as the 'resultant company'. It is submitted that as per the Scheme, the petitioner Company is described only as Transferee Company and not as resultant Company. It is submitted that again the said mistake is a typographical mistake, therefore, it is requested to permit the applicant to make typographical corrections in the Scheme of Amalgamation as per the averments contained in para 6 of the application read with affidavit dated 29.07.2009 submitted by the applicant in Company Petition No.119/2009. Shri P.S. Champaneri, learned Assistant Solicitor General of India has appeared on behalf of the Central Government.

(3.) Having heard Shri P.S. Champaneri, learned Assistant Solicitor General of India appearing on behalf of the Central Government and considering the averments made in the application, prayer in terms of para 9(B) is hereby granted and the applicant is permitted to correct the typographical errors in the Scheme of Amalgamation as mentioned/averred in para 4 of the application read with affidavit dated 29.07.2009 submitted by the applicant in Company Petition No.119/2009.