TMI Blog2005 (9) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, which included the change of name. 3. There is no dispute on the factual aspects that there was a scheme of amalgamation between Shreno Ltd. and Shreno Investment Finance Ltd. There is also no dispute on the point that for getting appropriate sanction of the scheme of amalgamation Company Petition Nos. 137 and 138 of 2004 were preferred by the transferor-company and the transferee-company. There is also no dispute on the point that when this Court (coram : A R Dave, J.) considered the matter for granting sanction to the scheme of amalgamation, the objection was raised by the Registrar of Companies upon the communication of Regional Director of Companies, Western Region for Central Government, contending, inter alia, that for ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resist for issuance of such certificate, which results into giving effect to the scheme of amalgamation, because such an action, if considered as it is, may result into prima facie defiance to the order of this Court. However, Mr. Malkan, learned counsel appearing for the opponent, submitted that the order passed by this Court dated 28-12-2004 of sanctioning of amalgamation was interpretated by the Registrar of Companies in the manner that the company concerned will be required to follow the procedure under section 21 because, in his submission, the power to accord the name of a company vests to the Central Government and not to this Court, while considering the question of sanctioning the scheme of amalgamation. He, therefore, submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easons stated hereinafter. As such once this Court having expressly negatived the contention and did not provide for any additional procedure to be followed under section 21, it cannot be validly contended that this Court could not have sanctioned the scheme which, inter alia, provided for the change of name. In any way, the Central Government was heard and after hearing when the order is passed and the same is accepted or, in any case, not challenged before the higher forum. It hardly lies in the mouth of the opponent to contend that this Court had exceeded its jurisdiction while exercising the Power for Sanctioning the scheme of amalgamation. Even otherwise also, such grievance cannot be heard by the Coordinate Bench of this Court when ..... X X X X Extracts X X X X X X X X Extracts X X X X
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