2005 (5) TMI 342

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....pplication is to be filed for amalgamation of Jaipur Polyspin Limited ('the Transferor Company') with the Rajasthan Spinning & Weaving Mills Limited ('the Transferee Company'). The registered office of the transferor-company is situated at D-60, Sawai Madho Singh Circle, Bani Park, Jaipur, whereas the registered office of the transferee-company is situ ated at Kharigram, P.O. Gulabpura, District Bhilwara, Rajasthan. 3. The applicant submitted that as the registered office of the transferor and transferee-companies are situated in Jaipur and Bhilwara Districts, the applications are to be filed for amalga mation of the transferor- company with the transferee-company, at Jaipur and Jodhpur. To avoid the lot of paper work for the appli cant-....

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....959 are conspicuously silent as regards to filing of the separate or joint application for amalgamation of Transferor-Compa ny with the Transferee-Company. 10. As a Company Judge I have experience of this Court that ordinarily transferor and transferee-companies file separate applications for consid-eration of the scheme of amalgamation, in the cases where the registered offices of the companies are situated within the one State. In case where the registered offices of the companies are situated in different States, there cannot be two views that the applications are to be filed sepa rately at two different High Courts. In some cases, may be few in numbers, joint petitions have been filed in the cases of the companies having their regist....

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.... interest of justice as it would unnecessary burden lot of paperwork for the Applicant Companies involving lot of time and money, moreover precious time of the Courts will be wasted as the matter can be disposed off in a Joint Company Application and/or Petition." 14. Where we go by the substance of the matter it is only a ground given for the sake of the ground. To avoid lot of paper work for the applicant- companies involving lot of time and money or moreover precious time of the courts to be wasted, these are laudable grounds given but in substance and reality it is nothing but only an application for the sake of the application. The registered office of the transferor-company is situated in Jai pur. The paperwork involving lot of tim....