2010 (11) TMI 849

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....tioner. ORDER 1. The present petition is filed under section 111A of the Companies Act, 1956 (the Act) seeking direction to the 3rd respondent surrender the duplicate share certificate and also sought direction to the 2nd respondent, to return the original share certificates to the petitioner duly transferred in his name. 2. Shri P.K. Vankataraman, learned counsel appearing for the petiti....

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....ed holder, duplicate share certificates have been issued to the resistered holder on 9.6.2006. Further, the R2 stated that the certificates lodged for transfer are no more valid and the same are cancelled. The R3 fraudulently sought and obtained duplicate share certificates by wilfully suppressing the transaction with the petitioner. The R3 has mis-appropriated the dividends and other lawful corpo....

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....the R3 does not know the petitioner and does not have any privity of contract with the petitioner regarding the subject shares. Further, it is also stated that they did not receive any consideration from the petitioner either directly or indirectly through his broker. If the petitioner has any grievance then it is for him to take up the matter with the broker from whom he claimed to have purchased....

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....purchased 100 shares from R3 on 29.11.1994 and forwarded the transfer deed to the R2 on 25.4.2007. The delay from 1994 till 2010 has not been explained by the petitioner in the petition, the reasons caused delay in approaching this bench. No whisper about the delay is mentioned in the petition. Hence this bench presumes that the petitioner wilfully caused delay in approaching this bench for almost....