Summary procedure under section 155 unsuitable where alleged forgery central; petition dismissed with liberty to file suit.

Where a petition under section 155 sought rectification of the register but central allegations involved forgery and fabricated minutes, the court held that summary procedure is inappropriate when material questions require investigation, discovery or inspection; judicial discretion permits declining the summary remedy and directing a regular suit or action for rectification. Outcome: the summary petition was dismissed and the petitioner granted liberty to institute a full suit for the claimed relief, with costs as directed.

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Issues: Whether a petition under section 155 of the Indian Companies Act seeking rectification of the register and related reliefs should be proceeded with by summary procedure where allegations of forgery and fabrication of documents and minutes arise.

Analysis: The Court examined the scope of the summary remedy under section 155 and comparative authorities, noting that where matters are complex or require investigation (including discovery and inspection) and where alleged forgery and fabricated documents are central, the summary petition procedure may be inappropriate. The Court considered precedents recognising judicial discretion to decline summary procedure and to refer parties to a suit for fuller investigation, and observed that rectification by action is an available and commonly resorted remedy when rights of third parties or complicated factual issues are involved.

Conclusion: The petition under section 155 is dismissed and the petitioner is granted liberty to file a regular suit for the relief claimed; costs are directed as stated by the Court.

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