AJAY BATRA Vs. BHP MACHINES LIMITED AND OTHERS

JUDGEMENT

(1.) IN this petition under section 111A of the Companies Act, 1956, the petitioner seeks rectification of the register of members of BHP Machine Ltd (henceforth referred to as the company) and a direction that the petitioner is the sole owner of 96,040 shares as contained in share certificates Nos. 34, 35 and 36. Following reliefs have also been claimed:

(2.) PARA -31 of the petition is reproduced below:

(3.) THE petitioner contended that the board resolution dated 30.6.2008 relating to deletion of his name as a joint holder in the above mentioned share certificates was an act of forgery and fraud as no such resolution was passed in the said board meeting. It is further alleged that if any such board resolution would have been passed on 30.6.2008 the authorised signatory of the company would not have asked for the petitioner by letter dated 14.10.2008 to forward the original share certificates of the company for consideration and necessary action by the board. It is further alleged in the petition that Mr. Y.P. Batra did not execute a deed of declaration on 20.11.2007 for deleting the name of the petitioner as joint holder in share certificates Nos. 34, 35 and 36 for 96,040 shares in the company.