2002 (2) TMI 1215

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....C.Y. Somayajulu, J.-This petition is filed to quash the proceedings in S.T.C. No. 30 of 1999 on the file of the Court of the Special Judge for Economic Offences, Hyderabad. 2. The first respondent filed the above S.T.C. under section 163(5) of the Companies Act, 1956 ('the Act'), alleging that he is a shareholder, holding 46,600 shares in the first petitioner-company and as his request for a co....

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....on 163(1), proceedings under section 163(5) are not sustainable. The contention of the learned counsel for the first respondent is that 'register of members' mentioned in section 163(1) is but a list of registered shareholders, and so the first respondent is entitled to make a request for a copy thereof by paying the necessary fees as contemplated by section 163(2) and (3). 4. As per section 41....

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....lders, whose names are registered in records of the company, would and should be available, in its 'register of members'. Section 163(1) of the Act reads as follows: "163. Place of keeping, and inspection of, registers and returns.-(1) The register of members commencing from the date of the registration of the company, the index of members, the register and index of debenture- holders, and c....

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.... "Any such member, debenture-holder or other person may- (a) make extracts from any register, index, or copy referred to in sub-section (1) without fee or additional fee, as the case may be; or (b)require a copy of any such register, index or copy or of any part thereof, on payment of such sum as may be prescribed for every one hundred words or fractional part thereof required to be copie....