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2003 Supreme(Bom) 682

D.G.KARNIK
German Remedies Limited – Appellant
Versus
N. R. – Respondent


JUDGMENT - KARNIK D.G., J.:---The petitioner is a company incorporated and registered under the Indian Companies Act, 1913 and deemed to be an existing company within the meaning of the Companies Act, 1956. Three other companies namely Recon Health Care Limited, Zydus Pathline Limited and Zoom Properties Limited along with the petitioner are proposed to be amalgamated and merged with Cadilla Healthcare Limited (hereinafter referred to as the transferee company") under a common scheme of arrangement (hereinafter referred to as "the scheme"). On a petition filed by Zydus Pathline Limited one of the transferor companies having registered office in the State of Gujrat, bearing Company Petition No. 28 of 2003, the High Court of Gujrat has approved and sanctioned the scheme. Similarly in Company Petition No. 61 of 2003 filed by Cadila Healthcare Ltd. the transferee company having its registered office in the State of Gujrat, the High Court of Gujrat has approved and sanctioned the scheme. The registered office of the petitioner company is situated at Mumbai within the jurisdiction of this Court and hence, it has sought approval of the scheme of its merger into the transferee company.

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