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2011 (9) TMI 844 - Board - Companies LawRectification of share register for the disputed 200 shares - the petitioner-company lost the above share certificates in transit on 12th November, 1995. Since the petitioner lost the share certificates, it wrote a letter dated 14th November, 1995 (Annexure 4) to R-1-company along with a photocopy of first information report ('FIR') lodged by the petitioner in the nearby police station requesting R-1-company not to transfer the said shares to any one in case anybody approaches for the transfer of the same. Responding to the same, R-1-company informed the petitioner on 5th January, 1996 (Annexure 5) that R-1-company has received the share transfer deed duly executed by R-3 in favour of R-4 of share certificate No.1216215 of 100 shares bearing distinctive No.130558868-967 and further stated that R-1 would transfer the same in favour of R-4 in case the petitioner fails to produce the stay order from court of law from transferring the same. The suit filed by the petitioner was dismissed on merits. It is the petitioner who moved civil suit before the civil court seeking reliefs on the self-same cause of action wherein it did not withdraw the suit stating that CLB has jurisdiction over the matter. It was not even taken as an issue in the judgment passed by the civil court. Since the issue has been already tried and adjudicated by a civil court in the suit supra between the same parties on the same cause of action the present petition is hit by res judicata as the petitioner is re-agitating over the self-same cause of action before this CLB on the ground that the CLB has the jurisdiction to try this case. - petition dismissed.
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