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2017 (7) TMI 225 - Tri - Companies LawIssue duplicate shares in respect of the 5000 equity shares - seeking release of all benefits like bonus shares, etc. and to pass appropriate orders under Sections 58 and 59 of the Companies Act, 2013 and Rule 70 of the National Company Law Tribunal Rules, 2016 - Held that:- There is a dispute whether the shares of the petitioner were, in fact, transferred by the petitioner in the year 1998 or not. On the basis of a transfer form, the shares were already transferred to Mr. Rajgopal BV. Therefore, the issue involved in this case is a disputed question of facts. Moreover, in this case, investigation by SEBI is also pending relating to certain suspicious share transactions that were undertaken by the third respondent and the transfer of shares of the petitioner is one such case. Therefore, pending investigation by SEBI also, it is not proper for this Tribunal to decide the issue. The petitioner did not choose to disclose in the petition that he has already approached SEBI for issuance of duplicate shares and the matter is pending there. It amounts to suppression of material fact since the order, if any, passed may be or may not be in consonance with the order, if any, passed by this Tribunal in this proceeding. Therefore, it is a fit case where the petitioner can approach the civil court. Further, the petitioner did not choose to implead the transferee of shares by name, Mr. Rajgopal BV, as a party to this petition. Any order of rectification of the register passed in this proceeding would have a direct effect on the interest of Mr. Rajgopal BV. Therefore, Mr. Rajgopal BV is not only a proper party, but also a necessary party to this proceeding. But, such person has not been impleaded as a party in this petition. In view of the above the petitioner is not entitled to any relief in this petition. This petition is dismissed.
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