BLANCHE FONSECA Vs. JUPITER AIRWAYS LTD

JUDGEMENT

(1.) This is a chamber summons for rectification of the register of shareholders of the respondent company by excluding therefrom the name of the applicant in respect of 100 ordinary shares of the said company and also for rectification of the list of contributories by omitting the name of the applicant therefrom.

(2.) It appears that the applicant on 15-7-1946, made an application for 100 shares of the company and paid a sum of Rs. 250 which was payable with the application. On 3-9-1946, these shares were allotted to her by a resolution of the directors of the company and a notice of allotment was given to her by a letter dated 10-9-1946. Thereafter by a letter of 13-9-1946, the applicant repudiated the contract for taking up the shares. This letter has not been produced before me, but it was obviously a letter in which no ground had been given for repudiating the contract for taking up the shares. The company accordingly by its letter of 4-10-1946, asked for the ground on which the allotment was challenged by the applicant. Such ground was supplied by the applicant by her letter dated 3-1-1947, in these terms :

(3.) Section 102(1), Companies Act, 'inter alia' provides as follows: