2009 (2) TMI 460

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a scheme of amalgamation between Caleb Brett India Private Limited (Transferor Company) with the Applicant Company (Transferee Company). After complying with the requisite procedure and requirements of law, the petition was taken up for hearing. After passing necessary directions, the Regional Director was served with a copy of the papers and proceed-ings. 3. The Regional Director filed an affidavit dated 25-7-2008. In paragraph 3, he has stated that he sent copies of the petitions to the concerned Registrar of Companies with a request to send his report on the affairs of the company. He further states that he had examined the report from various points. A copy of the report of the Registrar of Companies dated 1-8-2008 is annexed at Exhi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d the following order/remarks :- "Resembling name. Suggest fresh name/s SRN should be resubmitted by 6-1-2009. This is the last time this SRN can be resubmitted. Thereafter further resubmissions of this SRN shall not be allowed." It is submitted on behalf of the Regional Director that the Company is bound to follow the provisions of section 21 of the Companies Act, 1956 regarding the change in the name. 7. This aspect is covered by the judgment of Dr. D.Y. Chandrachud, J. dated 11-4-2007 in Company Petition No. 64 of 2007 along with Company Petition No. 65 of 2007 in the matter of scheme of arrangement and amalgamation between YOU Telecom India Pvt. Ltd. and YOU Broadband Networks India Pvt. Ltd. In paragraph 9, the learned Judge h....