2013 (9) TMI 1316

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....asthan stood merged into ICICI Bank, that became binding on the Banking Companies and also on the share holders; however, the Scheme of Amalgamation was challenged before the Apex Court on the behest of appellant in writ Petition (Civil) No.288/2010 which came to be dismissed vide order dt.13.9.2010 upholding amalgamation and accordingly the CLB was of the view that the relief which the appellant claimed in company petition no longer survives and it was disposed of having been rendered infructuous and that is subject matter of challenge in the instant company appeal. 2. It is relevant to note that the Scheme of Amalgamation was approved by the RBI under sub-Sec. (4) of Sec.44(A) on 12.8.2010 and a day earlier the company petition was filed....

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....algamation being approved by the Reserve Bank of India under sub-Sec.(4) of Sec.44(A) of the Banking Regulation Act, 1949 and which was subject matter of challenge before the Apex Court at behest of the present appellant in Civil Writ (Civil) No.288/2011 and after the writ petition being dismissed vide order dt.13.9.2010 and all other remedies available to the appellant of filing review petition and the curative petition being dismissed, the question to re-investigate the affairs of the Bank of Rajasthan Ltd. does not survive and according to him nothing further survives to be examined in the company petition and according to him no error has been committed in declaring company petition as having become rendered infructuous vide order impug....