BANOO J COYAJEE Vs. SHANTA GENEVIEVE PROMMERET PARULEKAR

JUDGEMENT

(1.) This group of six appeals is filed against an order and judgment of a learned Single Judge dated 13th January 1988 in the Company Petition No. 476 of 1986 as also against an order of the learned Single Judge dated 30th March 1988 in two Company Applications Nos. 93 of 1988 and 110 of 1988 in Company Petition No.

(2.) Company Petition No. 476 of 1986 was filed by Shanta Genevieve Pommeret Parulekar and Claude-Lila Parulekar (hereinafter called the original petitioners) against Sakal Papers Private Limited and various other respondents as set out in that petition praying for rectification of the Register of Members of the 1st respondent Company in the following manner :

(3.) The learned Single Judge who heard the petition by his judgment and order dated 13th January 1988 has allowed the petition. He has however, directed the 2nd petitioner to bring into Court a sum of Rs. 80,73,000/- within a period of six weeks. He has clarified that his order shall become operative on this amount being deposited in Court within the stipulated period. If the amount is not deposited, the petition is dismissed. On such amount being deposited he has directed the 1st respondent Company to comply with directions under prayers (a) and (b) and he has directed respondents Nos. 5, 6, 8, 11, 12, 13, 14, 15 and 16 to comply with the orders and directions under prayers (c) and (d). He has also directed respondent Nos. 11, 12, 13, 15 and 16 a sum of Rs. 17,66,600/- in respect of 17,666 shares returned to the Company as per prayer (b) and directed that 17,666 shares shall remain in the custody of the 1st respondent Company till such time as the Board of Directors as re-constituted after rectification, decides the price and the parties to whom these shares should be allotted. He has also given certain other directions. The petitioners did not deposit in Court the said sum of Rs. 80,73,000/- within the stipulated period. They applied for extension of time by taking out Company Application Nos. 93 of 1988 and 110 of 1988. These applications have been rejected by the learned Single Judge by his judgment and order dated 30th April 1988. The present appeals are filed by various parties in respect of these two judgments and orders of the learned Single Judge.