SURESH KUMAR RUNGTA Vs. ROADCO PRIVATE LIMITED

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of the learned Trial Judge of the Company Court dated 9th June, 2010 by which the appellants' application for recalling order dated 16th June, 2003 sanctioning the scheme of amalgamation between the respondents and also for cancellation of the scheme of amalgamation between the respondents and for reversal of respondent companies to their original position as prevailing prior to the sanction of the scheme and consequential direction upon the Registrar of Companies and Official Liquidators has been rejected. While rejecting the said application the learned Trial Judge recorded certain findings which had gone against the respondents-companies and as such cross-objection has been filed against the said portion of the judgment. Accordingly, both the appeal and cross-objection are heard together and being disposed of by the following common judgment and order.

(2.) THE short fact leading to filing the application before the learned Trial Judge and consequently preferring appeal to this Court are follows:-

(3.) THE said application has been opposed by filing affidavit affirmed by one Suresh Kumar Rungta who has claimed to be constituted Attorney of the first respondent. Bereft of all details which purport to deal with the allegations contained in the petition, relevant objections are summarized hereunder :