TMI Blog1902 (2) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... g the post of Mahant, the Company was bound to transfer the shares standing in his name to the name of the plaintiff, his successor in the office of Mahant. The evidence on the record does not bear out these contentions. It cannot be held that Exhibit XXIII shows that Bagavan Dosjee applied for the shares in his capacity of Mahant on behalf of the Mutt. The applicant there applies for certain shares, states that he has paid Messrs. Arbuthnot Co. a deposit on account of such shares, asks that the shares may be allotted to him, agrees to accept them and requests that his name may be entered on the register of shareholders. He signs his name as Sreeman Bagavant Dosjee and gives as his address Mahant of Atlieenam Bavajae Mutt, Tirapati. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and acquisition from disciples. It will further be remarked that in this document in which the various descriptions of property held by the Mutt are set out in considerable detail no mention is made of the shares in this company. It is only reasonable to assume that if these shares which are of considerable pecuniary value, had been looked upon by the executant as Mutt property, they would have been mentioned in this document. It must be held that there is no presumption that the money paid by Bagavan Dosjee belonged to the Mutt and that the plaintiff has completely failed to prove such to be the case. 2. It appears that shortly after Bagavan Dosjee had been sent to jail, the plaintiff as his successor in the post of Mahant paid from ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted when he bought them. The company had no especial information as to such matters and could not by its action have caused the plaintiff to believe anything respecting them. It is next urged that when the plaintiff applied to the company to have the shares in the name of Bagavan Dosjee transferred to his name, the company was bound to comply with his request. It is contended that if the company had transferred the shares the plaintiff would have satisfied all calls made in respect of them and that the default charged against the plaintiff in consequence of which the shares were eventually declared to have been forfeited was due to the failure of the company to comply with the plaintiff's reasonable request that the shares should be tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be made. In. the present case the plaintiff produced nothing that could be called evidence to show that he as entitled to have the shares standing in Bagavan Dosjee's name transferred to his name and when the directors, under these circumstances, declined to make the transfer without a bond of indemnity the plaintiff refused to execute such a bond. On such refusal the plaintiff's proper remedy as the person aggrieved by the order of the directors was to apply under Section 58 of the Indian Companies Act to a Civil Court for an order to have the Register rectified In the matter of the Bombay Fire Insurance Company, Ld--Ex parte R. Gilbert I.L.R. 16 B. 398. He did not so apply, but even if he had taken such action his application m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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