2010 (10) TMI 921

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for the Petitioner. ORDER 1. The present petition is filed under section 111 or the Companies Act, 1956 (hereinafter referred to as 'the Act') seeking directions of the respondent company to restore the name of the original shareholder, i.e., Mr. Giridharlal Issandas. 2. Shri Rajesh M. Lakara, learned counsel appearing for the petitioner, submitted the brief facts in support of the petiti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s were already transferred in favour of Vishnukumar Ratanial Oza, the managing director of the company. The petitioner tried to contact the directors but his efforts are in vain. As per the records with the ROC the date of transfer is shown 12.4.2003, i.e., after 20 years of the death of the petitioner's father. The said transfer in the name of the director appears to be collusive with the other d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s bench sent notices on 15.7.2009 intimating the parties regarding date and time of the hearing of the matter. The matter was called on 4.9.2009 as per the date fixed for hearing. No one appeared on behalf of the respondents. However, the counsel appeared for the petitioner undertook to serve notices to the respondent as is evident from the attendance-cum-order sheet dated 4.9.2009. Again, this be....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rein one Mr. Giridharimal Issandas name is shown in all the share certificates. It is uncontroverted with regard to its genuineness. Hence, it is presumed that Mr. Giridharimal Issandas is the holder of 150 shares. The petitioner has also enclosed copy of the annual return for the year 30.9.2003 of the company. In clause VI of the annual return, the details of shares/debentures transfers since the....