LAWS(MAD)-1994-5-5

MALLESWARA FINANCE AND INVESTMENTS COMPANY PRIVATE LIMITED Vs. COMPANY LAW BOARD VTH FLOOR A WING NEW DELHI

Decided On May 10, 1994
MALLESWARA FINANCE AND INVESTMENTS COMPANY PRIVATE LIMITED Appellant
V/S
COMPANY LAW BOARD, NEW DELHI Respondents

JUDGEMENT

(1.) The above writ petition has been filed for the following relief. To issue a writ of certiorari calling for the records of the 1st respondent culminating in its order dated 28-5-1993 in C.P. No. 29 of 1992 and quash the same.

(2.) The case of the petitioner is as follows: By a resolution of the Board of Directors of the petitioner dated 5-6-1992, it was resolved that an inter-corporate deposit of Rupees 2,40,000/- be made to the 18th respondent for a period of three years with interest at the rate of 15% per annum. The said deposit was to be secured by the pledge of 20,000 shares of the 3rd respondent. On 6-6-1992, a letter of pledge was executed by the 18th respondent in favour of the petitioner which inter alia entitled the petitioner to enjoy all legal right as a shareholder of the 3rd respondent, including exercise of voting rights and entitlement to all accretions of the said shares during the period of pledge.

(3.) Pursuant to the said letter of pledge, the petitioner, under cover of a letter dated 7-6-1992, despatched the following documents to the 3rd respondent: (a) Duly executed and stamped transfer deed dated 5-6-1992 relating to the said 20,000 equity shares executed by the 18th respondent in favour of the petitioner. (b) The original share certificates relating to the said 20,000 equity shares. (c) Extract from the minutes of the meeting of the Board of Directors of the petitioner held on 5-6-1992, containing the resolution authorising the pledge of shares in favour of the petitioner. (d) A true copy of the letter of pledge dated 6-6-1992 from the 18th respondent in favour of the petitioner. (e) A copy of the memorandum and Articles of Association of the Petitioner.