BROOKE BOND LIPTON INDIA LTD Vs. STATE

JUDGEMENT

(1.) This is an application for approval of the scheme of amalgamation between Brooke Bond Lipton India Ltd., the transferor-company and Hindustan Lever Ltd., the transferee-company. Both the transferor and the transferee are subsidiaries of Unilever plc., a very large multi-national corporation. Both the transferor and the transferee are under a common management and have several common directors.

(2.) The registered office of the transferor is in Calcutta and the registered office of the transferee is in Bombay. In pursuance of orders passed by the Calcutta and Bombay High Courts respectively, meetings have been held of the shareholders of the transferor and the transferee-company.

(3.) The contention of Mr. Sarkar, the learned advocate for the petitioner is that after the holding of such meetings on the application of the transferee for sanction by the Bombay High Court, the scheme of amalgamation has already been approved by the Bombay High Court which has also recorded no objection on the part of the Regional Director.