JUDGMENT

Sanjeev Prakash Sharma, J. - The matter came up for orders on application filed by the respondents under Article 226(3) of the Constitution of India seeking vacation of the interim order dated 13/04/2018 passed by this Court. However, learned counsel for both the parties agreed that the matter may be heard finally at this stage as the pleadings are complete. Accordingly, the case was heard at length and the judgment was reserved. Written submissions have been filed on behalf of the respondent-State as well as the petitioner-Company.

2. Perused the written submissions and also considered the arguments made at bar.

3. Before adverting to the issue involved, it would be appropriate to notice the facts as have come on record.

4. The petitioner-Company is registered under the Companies Act, 1956 at Solan (Himachal Pradesh). It is engaged in the business of manufacturing of telecom equipment, optical fibre cables and also providing telecom turnkey services. By an order and judgment dated 05/01/2011, the High Court of Himachal Pradesh sanctioned the scheme whereby under Sections 391 and 394 of the Companies Act, arrangement and amalgamation of Sunvision Engineering Company Private Li