VIRENDRA SINGH BHANDARI Vs. BHANDARI CROSSFIELDS LTD.

JUDGEMENT

(1.) Learned counsel for the respondent has raised a preliminary objection that the petitioners name is not recorded in the register of members and since the petitioners are not the share holders of the respondent-company therefore they have no locus to file the present company petition. He also submits that mother of the petitioners has died 5-6 years back and even after the death of petitioner No. 1, petitioner Nos. 2 and 3 have not taken the steps till now for registering themselves as members.

(2.) In support of his submission, he has placed reliance upon the judgment of the Madras High Court in the matter of B.Nagalakshmi v. Mannargudi Transports Pvt.Ltd., 1968(38) company cases 147.

(3.) As against this, learned counsel for petitioners submits that winding up petition was filed originally by the 3 petitioners Virendra Singh Bhandari and his two sons, Deepak Bhandari and Virendra Singh Bhandari Jr.. He submits that petitioner No. 1, Virendra Singh Bhandari was shareholder of the respondent-company and that the petitioner Nos. 2 and 3 were originally impleaded as representative in interest of their mother, Smt. Shantibai Bhandari who was also the shareholder and who has since deceased. He further submits that on the death of petitioner No. 1, Virendra Singh Bhandari his name has been struck out and his interest is represented by the petitioner Nos. 2 and He has referred to the provisions contained in section 428, 430 and 439(c) and 434 of the Companies Act and also the judgment of the Delhi High Court in the matter of Shakuntala Rajpal and others v. Mchenzie Philep(India) P.Ltd., 1988(64) Company Cases 585 and the judgment of the Chancery Divisions in the matter of Bayswater Trading Co.Ltd. reported in 1970(1) WLR 34 He has also submitted that company is defunct since 1995 and the name of Virendra Singh Bhandari has been struck out from the register of the companies, therefore at this stage the petitioners have no remedy of getting themselves registered as members.