SHAKUN DUGGAL Vs. SHAKUN AND COMPANY

JUDGEMENT

(1.) This application challenges the maintainability of the company petition on the ground that the provision of Section 439(c) & 4(b)are not satisfied. The relevant clause of Section 439 read as follows:-

(2.) The petitioner Nos.1 & 2, Ms. Shakun Duggal and Ms. Sukhbir Duggal are the daughters of Shri Ashok Duggal and late Smt. Alka Duggal. The petitioner No.3 is Shri Ashok Duggal, husband of late Smt. Alka Duggal.

(3.) The applicant/respondent has submitted that the averment in para 3 (b) of this application that the shareholding of the late Ms. Alka Duggal is only 25% has not been denied in para 3 of the reply to this application. Para 3 of the application sets out the following shareholding pattern: