BHAGIRATH AGARWALA Vs. TARA PROPERTIES PVT LTD

JUDGEMENT

(1.) This is an application filed by the petitioner Bhagirath Agarwal and others against company Tara Properties Pvt. Ltd. being Petition No. 290 of 1990, inter alia, praying for an order :

(2.) The facts of the case briefly are as follows : The company was incorporated on December 25, 1962. The authorised shareholding of the company was 5,000 shares of Rs. 100 each. Of the 5,000 shares, 3,040 shares were issued and subscribed for. The shareholding as in 1962 was as follows : <frm> -------------------------------------------------------------------------------- Tarachand Agarwal - 10 shares Dhanka Devi (his wife) - 3,010 shares Respondents Nos. 1 to 5 herein - 10 shares Respondents Nos. 1, 3, 4 - 10 shares 3,040 shares. -------------------------------------------------------------------------------- </frm>

(3.) On June 28, 1974, a return was filed before the Registrar of Companies by respondent No. 1, viz., Bhagirath. That return showed that Dhanka, the mother, had transferred 750 shares of her shareholding to Bhagirath and 600 shares to Chandra Prakash. As a result the shareholding pattern in the company in 1974 was as follows : <frm> -------------------------------------------------------------------------------- Tarachand - 10 shares Bhagirath 10 + 750 - 760 shares Dhanka - 1,660 shares Chandra Prakash and group 10 + 600 - 610 shares 3,040 shares. -------------------------------------------------------------------------------- </frm>