2003 (1) TMI 555

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....itioner. B.G. Nema for the Union of India. ORDER 1. In order to enable this Court to pass final order on the compromise/amalgamation/merger application in exercise of power under section 391, read with section 394 of the Companies Act, it is necessary for the Registrar [of Companies] to give his report as contemplated under section 394(1), proviso, to the effect that the affairs of the compa....

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.... been conducted in a manner prejudicial to the interest of its members or public interest, the report must indicate in categorical terms that affairs of the company have not been either conducted in a manner which is prejudicial to the interest of its members or to public interest or otherwise, as the case may be. This obligation cannot be dispensed with by the Registrar while submitting the repor....