Whether both transferor company and transferee company should move High Court for direction where companies involved in amalgamation are incorporated in different States

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....mpanies involved in amalgamation are incorporated in different States The matter has been examined in the light of the reported cases, viz., Carrn Tea Co. Ltd. [1966] 11 Comp. LJ. 278 and Bank of India Ltd. v. Ahmedabad Manufacturing, Weaving & Calico Printing Co. Ltd. Petition No. 61 of 1971, and In re W.A. Beardsell & Co. (P.) Ltd. and Mettur Industries Ltd. [1968] 38 Comp. Cas. 197 which indic....

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.... are attracted or not must be the same both in the case of the transferor company as well as in the case of transferee company, viz., whether as between the company and its members or creditors the proposed arrangement or compromise affects the right of those members or creditors or any class of them." In view of the position indicated above where two companies involved in a scheme of amalgamatio....