KAMALKANT GOYAL Vs. LUPIN LTD

JUDGEMENT

(1.) This Company Petition is filed by PI stating that he is the owner of 100 equity shares of Rl, along with P2, who claims that he is the power of attorney holder of PI, without enclosing the power of attorney, praying tor following reliefs under Section 58 and 59 of the Companies Act 2013. a. Declaration that PI is the owner of impugned 100 shares o/Rl. b. Declaration that PI has absolute title over the impugned shares. c. Direction to Rl to rectify its Register of members by inserting the details of 1200 shares ofRl. d. Direction to Rl to issue/release share certificates for 1200 shares of Rl; and e. For any other relief as the Tribunal may deem fit and proper.

(2.) Pi is the owner of 100 shares of Rl bearing certificate no.51091 under folio No. LLS 038501 which is in the safe custody of P2, a medical Doctor. On 28.1.1996, P2 during his professional visit to a patient, carrying some original share certificates along with signed blank transfer forms including those of impugned in this petition, for discussion with this banker for availing bank finance by pledging them, lost them in his way. Since his search for the lost items in his home, nursing home and the place he travelled went in futile, he lodged a complaint on 26.3.1996 with Bhanwarkuna Police Station, Indore and FIR was registered.

(3.) P2 also informed Rl on 26.3.1996 about the loss of share certificates along with signed blank transfer forms. On 1.4.1996, Rl informed P2 to obtain an injunction order from appropriate authorities for enabling Rl to stop transfer of shares in case someone submits the impugned shares for transfer.