Correction of erroneous clause reference in amalgamation scheme affidavit; scheme to be read as Clause 4.12(b) and drawn up accordingly.

A mistaken reference in the Central Government's affidavit to a non-existent Clause 8 Part III was treated as an obvious error and corrected to Clause 4.12(b) of the amalgamation scheme. The clarification ensured that the proposed amendment, requiring compliance with Sections 14, 61 and 64 of the Companies Act, 2013, was read into the correct part of the scheme. The scheme was therefore directed to be drawn up on that corrected basis, and the department was asked to proceed expeditiously.

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Issues: Whether the mistaken reference to Clause 8 Part III in the affidavit of the Central Government should be treated as a reference to Clause 4.12(b) of the scheme of amalgamation, and whether the scheme should be drawn up accordingly.

Analysis: The affidavit contained an obvious error in referring to a non-existent Clause 8 Part III, although the intended reference was to Clause 4.12(b). The clarification ensured that the proposed amendment requiring compliance with Sections 14, 61 and 64 of the Companies Act, 2013 was read in the correct part of the scheme.

Outcome: The mistaken clause reference was corrected, the scheme was directed to be read as Clause 4.12(b), and the department was directed to draw up the scheme expeditiously.

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