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2017 (6) TMI 1128 - Tri - Companies LawActs of oppression and mismanagement - allotment of the increased 10,000 equity shares - Held that:- When the petitioners have categorically stated that they were not served with any notice regarding the AGM meeting, dated 29.05.2008, it was duty of the respondents to place on record the documents to show that such notices were issued and also to place on record the copies of the minutes book of the said date. In the absence of such a material, the transfer of shares on the basis of meeting held on 29.05.2008 would be illegal and not binding upon the petitioners. The respondents should have placed on record the documents for showing the compliance of the aforesaid Articles of Association before accepting the transfer of shares in favour of Pawan Garg respondent and others, but such observations will not help the petitioners in the absence of impleading the other transferees of the shares as necessary parties. As already observed that in the absence of the necessary parties, this Tribunal would not be able to set aside the transfer made by R-2 to R-4. There is absolutely no reason forthcoming as to why all the transferees of the shares from R-2 to R-4 have not been impleaded as party despite the objections to this effect taken in the written reply filed in February, 2010 by R-1 and R-5 to R-9. List of the shareholders as on 29.05.2008 are given at page 65 and 66 of the reply of contesting respondents, which is in consonance with the plea taken in paragraph 6 (g) of the written statement. No merit in the instant petition, which is hereby dismissed
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