2017 (8) TMI 1472

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DER S.J. Mukhopadhaya, 1. The appeal is filed by the Shareholder of Symphony Limited preferred application under Sections 56, 58 and 59 of the Companies Act, 2013 for direction to the 1st Respondent Company to issue duplicate shares in respect of 21500 equity shares vide Ledger Folio Nos. 021673 and 021674 and for an order to release unclaimed dividend on those shares. 2. The National Com....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed order dated 26th April, 2017, which runs into 20 pages, we find that no such arguments were advanced. In the circumstances, this Appellate Tribunal cannot decide any other issue apart from the issue as were raised by appellant before the Tribunal. 4. Ld. Counsel for the Appellant then submits that the impugned order is bad, there being conflicting observations made by the Tribunal. It is sub....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to the Tribunal to issue appropriate direction to the company to act in accordance with law (Section 46(2)) for issuance of duplicate shares certificate. 6. The aforesaid submissions made on behalf of appellant though appears to be attractive but in the present case, as we find that there is a doubt about the averment of appellant about misplacement of the equity shares, and in spite of loss of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t, 2013 and the FIR was lodged much, thereafter in May, 2017 i.e. more than twenty years from the date the shares certificates alleged to have been lost. Aforesaid facts give an idea that the appellant has suppressed some facts and tried to make out the case for getting relief from Tribunal. 8. Admittedly, there is dispute relating to title over the shares certificate between the appellant and ....