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2008 Supreme(Guj) 104

M.S.SHAH, K.A.PUJ
I. P. C. L. EMPLOYEES' ASSOCIATION – Appellant
Versus
INDIAN PETROCHEMICAL CORPORATION LIMITED – Respondent


Advocates:
ADVOCATE APPEARANCE:
MR GIRISH PATEL Sr. Advocate with MR SHALIN N MEHTA for Appellant(s): 1 - 2.
MR K.S. NANAVATI, Sr. Advocate with MR NANDISH CHUDGAR FOR NANAVATI ASSOCIATES for Opponent(s): 1,

JUDGMENT

MR.JUSTICE MOHIT S.SHAH

This Original Jurisdiction appeal is directed against the judgment and order dated 16.8.2007 in Company Petition No.93 of 2007 by which the learned Company Judge sanctioned the scheme of amalgamation of the petitioner-Company- Indian Petrochemicals Corporation Ltd. (hereinafter referred to as “I.P.C.L.” or “the transferor Company) having its registered office at Baroda with Reliance Industries Ltd. (hereinafter referred to as “R.I.L” or “Reliance” or the “transferee Company) having its registered office at Mumbai.

2. Reliance Industries Ltd. having its registered office at Bombay filed Company Application No.283 of 2007 before the Bombay High Court. Pursuant to the order dated 16.3.2007 in the said application, RIL held separate meetings of equity shareholders, secured creditors (including debenture holders) and unsecured creditors of RIL on 21.4.2007. The Chairman of the said meeting submitted his report before the Bombay High Court and the RIL filed Company petition No.345 of 2007 before the Bombay High Court for sanctioning the same scheme of amalgamation of IPCL with RIL. The said company petition was allowed and the scheme was sanctioned by














































































































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