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2019 (11) TMI 1558 - AT - Companies LawFraudulent transfer of shares - issuance of duplicate share certificate - Rectification of the register - HELD THAT:- The appeal cannot be allowed. It is to be noted that the appellant had raised a grievance with SEBI vide complaint dated 29th November, 2016. The said complaint was disposed of by SEBI on 31st May, 2017. Instead of challenging the said order the appellant filed second compliant on the same ground on 16th June, 2017. The same was also dismissed. Still the appellant filed third complaint on 20th December, 2017 and as the same was rejected by referring the earlier two orders vide communication dated 23rd January, 2018 the same is challenged before the Tribunal. The appeal is liable to be dismissed as the appellant could not have raised the same issue vide complaints after complaints before SEBI and then thought it fit to challenge the last of the communication. If the appellant was aggrieved by the speaking order of the SEBI dated 31st May, 2017, it could have very well filed appeal before this Tribunal at that point of time. Rectification of the register - HELD THAT:- The history of the case of ADESH KAUR VERSUS EICHER MOTORS LIMITED AND ORS. [2018 (8) TMI 836 - SUPREME COURT] would show that NCLT is competent to issue direction for rectification of the register of Eicher under section 111A of the Companies Act. The appeal is hereby dismissed.
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