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2015 (6) TMI 945 - Board - Companies LawClaims to subscription of shares - No proof of holding / registration of shares - Held that:- The learned court specifically observed that the applicants have not replied to the letter of the petitioner and also have not demanded calling upon the petitioner to pay the call money at any point of time. Further the learned court have its finding that the records were very much available with the plaintiffs and the truth will come out if the same is produced. in the petition at para 6.21 the petitioner has categorically stated that there was no demand notice served on the petitioner to pay the call money. In view of the specific finding given by the learned court in respect of the above issues and without going into the merits of the case by conducting a detailed enquiry into the facts of the matter, the petition cannot be dismissed at threshold. In view of the reason, the application is miserably failed and liable to be dismissed. Further the CLH in the matter of S.V.T Spinning Mills Pvt Ltd. [2009 (7) TMI 776 - HIGH COURT OF MADRAS] had opined that the factual issues cannot be adjudicated as preliminary issue. I do follow the said principle in the above order. - Appeal dismissed.
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