H.B.M. IQBAL Vs. MD. SHIRAJUL ISLAM

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 18.06.2008 passed by the High Court Division in Company Matter No.145 of 2005 allowing the application with some directions.

(2.) The facts, in short, are that the respondent Nos.1 and 2 as petitioners filed an application under section 233 of the Companies Act, 1994 being Company Matter No.145 of 2005 before the High Court Division seeking necessary orders to,-

(3.) The respondent Nos.1 and 2 contested the said company matter stating, inter-alia, that the respondent Nos.1 and 2 are the promoter-directors of the respondent No.3 Company. Certified copy of the schedule X as of 13.06.2002 (which is the latest schedule Z as obtained from the office of the proforma -respondent No.4 shows that the respondent Nos.1 and 2 own 1,74,096 and 1,28,406 shares respectively i.e. 305602 shares out of 19.84,592 shares which 15.444% of the total shares and as such eligible to file this application under Section 233 of the Companies Act, 1994.