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TMI Blog2011 (3) TMI 1465X X X X Extracts X X X X X X X X Extracts X X X X ..... substantial, oral and documentary evidence, the Registrar should relegate the parties to a suit in a Court of law. - Matter remanded back to registrar. - C.A. NO. 95 OF 2011 C.P. NO. 432 OF 2010 - - - Dated:- 22-3-2011 - I.P. MUKERJI, J. D. Basak and A. Roy for the Petitioner. Ratnanko Banerjee, S.S. Banerjee and A.K. Mitra for the Respondent. Ms. Shyamali Banerjee for the ROC. ORDER This is an application for vacation of my order made on 6-10-2010 made in an application under section 560(6) of the Companies Act, 1956. 2. The company concerned is Basanti Cotton Mills (1998) Private Limited. Before that it was Basanti Cotton Mills Private Limited. The change of name was from or about 10-3-2000. 3. Two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of such admission of irregularity, this court by its order dated 6-10-2010 set aside such decision, but reserved right to the Registrar to take a fresh action according to law. 7. Now, this application has been preferred by three persons describing themselves to be the holders, jointly, of 650 out of 700 issued and paid up shares of this company. They say that almost the entire shareholding of Basanti Cotton Mills Private Limited was held by the applicants as follows: Applicant No. 1-300 shares Applicant No. 2-300 shares Applicant No. 3-50 shares 8. They say that the Respondent No. 1 at whose instance the order dated 6-10-2010 was passed had and has no interest in the company. He had some concealed motives in seeking a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prevented from taking fresh action in accordance with law. Furthermore, when there is such a serious dispute as to who is in control of the company, the Registrar ought not to have disturbed the register at all. Conclusion 11. I am quite satisfied that there is quite a serious dispute as to who are in control and management of the company. There are disputes between rival persons. Now, in this particular case the Registrar s satisfaction was based on the application made by the company represented by a few persons whose standing is disputed by the other group. There is admission on the part of the Registrar that the proper procedure as provided in section 560 was not followed. Now, suppose an application is apparently made by a comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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