VIKRAM ORGANICS PVT LTD Vs. ANIROX PIGMENTS LTD

JUDGEMENT

(1.) This judge's summons has been taken out by Anirox Pigments Limited, hereinafter referred to as "the transferee company", for dissolution without winding up of the transferor company, namely, Vikram Organics Private Limited, pursuant to grant of sanction to the scheme of amalgamation with the transferee company.

(2.) When the matter was taken up a point arose as to whether in view of the provisions of Section 394A of the Companies Act, 1956, a notice of this application was required to be given to the Central Government at this stage also, notwithstanding the fact that such notice had been given at the stage of grant of sanction to the scheme of amalgamation.

(3.) Having regard to the nature of the question raised, Mr. S. B. Mukherjee, learned senior counsel, was requested to act as amicus curiae in the matter.