V.M. Kanade, J.

The appellant is challenging the judgment and order passed by learned Single Judge dated 22/11/2012 in Company Application Nos.78 and 79 of 2012. By the said judgment and order, learned Single Judge was pleased to dismiss the Company Applications filed by the appellant by holding that the appellant Company had no locus to be heard in the Company Petition filed by the respondent under Section 391 of the Companies Act, 1956.

2. Brief facts which are necessary for the purpose of deciding this appeal are as under:

The respondent Sesa Goa Ltd has filed Company Petition in this Court seeking sanction of proposed scheme of amalgamation and arrangement under Sections 391 to 394 read with Sections 98, 100 and 203 of the Companies Act, 1956 between Sesa Goa Ltd and Sterlite Industries India Ltd ('SIIL' for short) amalgamating Company no.1, Madras Aluminum Company Ltd ('MALCO' for short) amalgamating Company No.2, Sterlite Energy Ltd ('SEL' for short) amalgamating Company No.3, Vedant Aluminum Ltd ('VAL' for short) /demerged Company and Sesa Goa Ltd ('SGL' for short) amalgamated Company.

3. The appellants herein/ the original applicants are unsecured creditors of VA