Defective share certificate and register rectification u/s 59: bid to compel fresh issuance rejected, appeal dismissed
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....Section 59 of the Companies Act, 2013 was held to be confined to rectification of the register of members and not a vehicle to obtain a judicial direction for issuance of a valid share certificate. Since the claimant admittedly did not hold a validly executed share certificate and sought to cure defects by compelling issuance of a fresh certificate, the dispute involved seriously contested factual issues and scrutiny of evidence beyond the Tribunal's summary rectificatory jurisdiction, with Rule 70(5) being inapplicable in the absence of a valid certificate. The withdrawal from arbitral proceedings on the identical issue also weighed against maintainability under Section 59. The application was therefore not maintainable and the appeal was dismissed - NCLAT....
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