Company court jurisdiction to compel supply of members' register copy through mandatory injunction under statutory compliance duties

A company's statutory duty to maintain a register of members and supply copies on request was held enforceable by the company court. The presence of a penalty for refusal and an express power to compel inspection did not exclude judicial enforcement of the obligation to furnish a copy. Where the statute confers a right, an effective remedy must also exist, and the company court may use a mandatory injunction to secure compliance with the Companies Act. The court therefore had jurisdiction to direct the company to provide the shareholder with the register copy, and the order was valid.

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Issues: Whether the company court had jurisdiction to compel a company to furnish a shareholder with a copy of the register of members under the Companies Act, and whether such relief could be granted by mandatory injunction in company proceedings.

Analysis: The statutory scheme required every company to maintain a register of members, permitted members and other persons to obtain copies on payment, and imposed penalties for refusal. The presence of a penalty clause and an express power to compel immediate inspection did not exclude the court's power to enforce compliance with the statutory duty to supply a copy. Where the law confers a right, a remedy must also exist, and the court vested with jurisdiction under the Companies Act has inherent power to secure obedience to its mandatory provisions. In company proceedings before the proper company court, a mandatory injunction was an appropriate mode of redress to compel performance of the statutory obligation.

Conclusion: The company court had jurisdiction to direct the company to supply the copy of the register of members, and the order was valid.

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