Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (2) TMI 382

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... elief in cases of oppression vide Chapter XVI of the Companies Act, 2013. NCLT order not to alienate the assets of the company is till further order only. - Company Appeal(AT) No. 41 of 2019 - - - Dated:- 8-1-2020 - Justice Jarat Kumar Jain Member (Judicial), Mr. Balvinder Singh Member (Technical) And Dr. Ashok Kumar Mishra Member (Technical For the Appellant : Mr. Arun Kathpalia, Sr Advocate, with Mr. Abhinav Agarwal, Advocates For the Respondent : Mr. Shailendra Singh, Ms Muskaan Garg, Mr. Amit Singh, Mr Manish Malpani, Advocates JUDGEMENT DR. ASHOK KUMAR MISHRA, MEMBER (TECHNICAL) This appeal has been filed by the appellant under Section 421 of the Companies Act, 2013 for being aggrieved by the or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f repeated requests by the Respondent in the main petition/appellant in the appeal inspite of various letters/legal notices dated 11th April, 2018, 30th April, 2018 etc and were provided on 13.2.2019 with the Registry of NCLT Mumbai. 3. The appellant in appeal have stated that the Respondent are not the shareholders of the company and shares they have shown to NCLT Mumbai are forged shares, signature on some of the shares are forged signatures and no seal of the company. They are also alleging that the Tribunal have failed to appreciate that there was no share transfer agreement and there was no share transfer form signed by the Respondents and no consideration were passed. They are alleging for some forged signatures on some of the ce .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 016, not getting the disposition in his favour, have approached the Tribunal for redressal of their grievance. They were also carrying the original share certificates subject to verification by the Tribunal. The grievance is of continuous nature and hence being a continuous cause of action they have not gone out of the limitation period as prescribed under the law of limitation. 5. We have gone through the various documents furnished by the appellant and the respondent including various submissions made, citation provided and have observed following:- No doubt certain share certificates carries two directors signatures excluding authorised signatory and signatures on back side transfer of shares is also signed by one authorised .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates