The judgments are printed in the order in which they are given in the certified copy. - Ed.

R. M. SAHAI, J.:- Merger under the Companies Act, 1956 (in brief the Act) of the two big companies - one, Hindustan Lever Limited (HLL), a subsidiary of Uni Lever (UL), London based multi national company, and other Tata Oil Mills Company Ltd. (in brief TOMCO) the first Indian company founded in 1917 and public since 1957 which has been found by the High Court to be still not financially insolvent or sick company was unsuccessfully challenged in the High Court by few rather nominal shareholders of TOMCO, Federation of Employees Union of both the TOMCO and HLL, Consumer Action Group and Consumer Education and Research Centre. The attack varied from statutory violation, procedural irregularities of provision of the Act to ignoring effect of the provisions of Monopolies and Restrictive Trade Practices Act, 1969 under valuation of shares, its preferential allotment on less than the market price to the multi national, failure to protect the interest of employees of both the companies and above all being violative of public interest. The High Court was not satisfied that either the merger was agai