Mohan Lal & Ors. VS. State Of Rajasthan

Extract

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Mohan Lal & Ors. VS. State Of Rajasthan

The Judgement Information System CASE NO.: Appeal (civil) 1351 of 2008

PETITIONER: SEVERN TRENT WATER PURIFICATION, INC.

RESPONDENT: CHLORO CONTROLS (INDIA)PRIVATE LTD. & ANR.

DATE OF JUDGMENT: 18/02/2008

BENCH: C.K. THAKKER & TARUN CHATTERJEE

JUDGMENT: J U D G M E N T

CIVIL APPEAL No. 1351 OF 2008 (@Special Leave Petition (C) No. 6161 of 2006)

WITH

CIVIL APPEAL NO. 1353 of 2008 (@Special Leave Petition (C) Nos. 9530 of 2006)

CHLORO CONTROLS (INDIA)

PRIVATE LTD. & ANR. . .

Versus SEVERN TRENT WATER

PURIFICATION, INC. . . . Respondent C.K. Thakker, J.

1. Leave granted.

2. Both these appeals have been instituted against common judgment and order passed by the Division Bench of the High Court of Judicature at Bombay (Original Side) dated February 20/21, 2006 in Appeal Nos. 449-450 of 2005 in Company Petition No. 857 of 2004.

First appeal has been filed by Severn Trent Water Purification Inc. while the second appeal is filed by Chloro Controls (India) Pvt. Ltd.

3. The facts giving rise to the present appeals, in brief as noted by the Division Bench of the High Court are as follows.

4. Severn Trent Water Purification Inc.,

USA (hereinafter referred to as "Severn Trent") filed a petition for winding up the Capital Controls (India) Private Limited (hereinafter referred to as 'the Company') on just and equitable grounds under Section 433(f) of the Companies Act, 1956 (hereinafter referred to as

'the Act'). The learned Company Judge by his order dated 21st April 2005 admitted the company petition. Aggrieved thereby two appeals came to be filed. One appeal (Appeal No. 449 of 2005) was filed by Chloro Controls (India) Private Limited, which has 50% shareholding in the company and the other appeal (Appeal No.

450 of 2005) was filed by the Company. As both the appeals arose out of one and the same order passed by the Company Court, the appeals were heard together and decided by a common judgment.

5. The petitioner set up the case in the petition for winding up of the Company thus: (i) Severn Trent is a Corporation organized and existing under the laws of the State of Pennsylvania, USA having its office and place of business at 3000 Advance Lane, Colmar, Pennsylvania 18915, USA.

(ii) Severn Trent was formerly known as Capital Controls (Delaware) Company, Inc.

(iii) In or about 1990, Severn Trent's group acquired Capital Controls Company, Inc. and subsequently the name of Capital Controls Company, Inc. was changed to Severn Trent Water Purification, Inc. with effect from 1st April, 2002.

(iv) On March 31, 2003, Capital Controls (Delaware) Company Inc. amalgamated with and merged into Severn Trent and pursuant to the merger agreement, Capital Controls (Delaware) Company, Inc. went out of existence.

(v) Reference to Severn Trent includes reference to the Capital Controls Company, Inc. as well as Capital Controls (Delaware) Company, Inc. and, therefore, Severn Trent in its present name is...

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