Government Of Orissa vs M/S Ashok Transport Agency And Ors

The Supreme Court held that under Section 396 of the Companies Act, 1956, the amalgamation of M/s O.M.C. Alloys Limited with the Orissa Mining Corporation Limited does not abate pending legal proceedings against the dissolved company. The Court emphasized that the rights and obligations of the defendant were transferred to the resulting company, allowing the plaintiff to continue the suit against the Corporation. The Court ruled that both parties failed to notify the court of the amalgamation, but the restoration of the suit was valid as per the provisions of the Companies Act.