(A.P. SHAH, C.J.)

Admit. Learned counsel appearing for the respondent waives service. By consent, the appeal is taken up for hearing.

2. The Regional Director, Ministry of Company Affairs and the Registrar of Companies, Tamil Nadu have preferred this appeal against the order of the learned Company Judge sanctioning a Scheme of Amalgamation between the respondent/Transferor Company/M/s. Cavin Plastics and Chemicals (P) Limited and the Transferee Company namely, M/s.Cavinkare Private Limited.

3. Before the learned Company Judge the appellants raised an objection to Clause 13.2 of the Scheme, which provides that the filing fee already paid by the Transferor Company on its Authorised Share Capital shall be deemed to have been so paid by the Transferee Company on the combined Authorised Share Capital. The contention of the appellants is that the Authorised Share Capital of the Company could be increased only after following the procedure prescribed under the relevant provisions of the Companies Act, 1956, and on payment of requisite fees to the Registrar of Companies. The learned single Judge overruled the objection and sanctioned the Scheme of Amalgamation.

4. Mr. S.Uday