9911796707
TMI Blog2020 (5) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... provide the document if they have not received instead of approaching various courts and putting mental agony and hardship to the Appellant. The Appellant has provided the details of certificate numbers, registered folio of all these shares and the company should have responded immediately in 1998 if they have not received those shares. No action was taken by the company for few years and suddenly went into litigation in various courts - All this suggest that the individual has sent the shares for transfer. The Respondent No.1 is directed to transfer the shares to Appellant after taking requisite declaration, indemnity bond and relevant papers and thereafter to issue shares with consequential benefit in accordance with law - appeal dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09.10.1997 and bill No.5207 dated 07.05.1998 through National Stock Exchange. Both husband Mr. Gauri Shankar and wife Mrs. Akula Nagalaxmi, the Appellant forwarded 1450 shares in the same envelop to Respondent No.1 through Sanchar Courier for transfer in the name of Appellant and her husband on 30.5.1998 vide Courier consignment Note No. L115288. Thereafter the Appellant sent several reminders to Respondent No.1 for transfer of shares in her name. Thereafter the Appellant had issued a legal notice on 12th March, 1999. They have also submitted that similar case with her husband has happened where they originally transferred only 50 shares and thereafter the rest of the 700 shares have been transferred after going through several litigations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 999 and the Hon ble Supreme Court dismissed the Special Leave Petition filed by the Appellant against the order of Hon ble High Court of Andhra Pradesh setting aside the ex parte decree. 5. The Appellant had also alleged that thereafter the matter was placed before the NCLT Mumbai as the case was transferred from Company Law Board and they have placed all the relevant orders in respect of her husband before the Learned Tribunal and they have considered the issue and dismissed the petition on the ground of limitation and complicated question of facts which can only be decided by Civil Court. Hence the Appellant has filed the present appeal. 6. We have gone through the facts of the case. It is being observed that the NCLT has basically ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent No.1 has not received those shares they should have responded to the Appellant at that very time during 1998 which has not been done by and 150 shares in the meantime they have put under stop transfer . Now the individual who has purchased the shares is trying hard from 1998 to get the shares transferred and what has been raised by the NCLT that the matter to be adjudicated by appropriate Civil Court. Now NCLT is appropriate court and NCLAT is the appropriate Appellate Authority. This reflect the attitude of the Respondent No.1 by not intimating to the Appellant at least to provide the document if they have not received instead of approaching various courts and putting mental agony and hardship to the Appellant. The Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
