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TMI Blog2017 (8) TMI 1472X X X X Extracts X X X X X X X X Extracts X X X X ..... certificates may move before the company for issuance of shares certificate/duplicate shares in view of such fresh cause of action. In such case parties may raise all the contention and the Tribunal may pass appropriate order in accordance with law, uninfluenced by any observations made in the impugned order or order of this Appellate Tribunal. It is also made clear that this order will not come is the way of SEBI in the matter of investigation, if it has initiated. Appeal dismissed. - Company Appeal (AT) No. 228 of 2017 - - - Dated:- 17-8-2017 - S.J. Mukhopadhaya, J. For Appellant: Shyam K. Shelat, Advocate ORDER S.J. Mukhopadhaya, 1. The appeal is filed by the Shareholder of Symphony Limited preferred application und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne place the Tribunal accepted that the letter of 1st Respondent dated 20th November, 2015 shows that the signature of the transferor on the transfer deed tallied with the specimen signature of the petitioner and in the records of the 1st Respondent Company and the shares were not transferred only due to insufficient stamp, but on the ground that a dispute is pending before a Civil Court and the Tribunal has no power to exercise the jurisdiction under section 56 of the Companies Act has rejected the claim. 5. Ld. Counsel for the appellant relied on sub-section (2) of Section 46 of the Companies Act, 2013 to suggest that if the company refuses to exercise its power for issuance of duplicate certificate of shares in case the shares are los ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting relief from Tribunal. 8. Admittedly, there is dispute relating to title over the shares certificate between the appellant and the 5th Respondent. A suit is pending between the parties with regard to same shares certificate since 2016. In such a situation, there being a doubt about the averment made by appellant that the shares were lost or misplaced the Tribunal rightly refused to exercise its power. We find no reason to entertain the same. The prayer made in this appeal is accordingly rejected. 9. However, it is made clear that if suit is decreed in favour of appellant or the other party, holder/owner of the certificates may move before the company for issuance of shares certificate/duplicate shares in view of such fresh cause o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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