Dalveer Bhandari - (1.) This application has been filed by Smt. Shakuntala Bali wife of S.L. Bali, in C.P.N0.42/85, under Rule 9 of the Companies (Court) Rules, 1959. In this application, it is prayed that her claim with regard to 8 shares be determined. It may be pertinent to mention that in May, 1962, individual shareholders namely D.N. Sodhi and S.L. Bali developed personal differences which .led to filing of winding up Petition No. 39/73 by D.N. Sodhi.
(2.) This application has been filed by Smt. Shakuntala Bali wife of S.L. Bali. It is mentioned in the application that before the petition could proceed for trial, D.N. Sodhi entered into a contract with S.L. Bali for the sale and purchase of shares among themselves and both of them agreed. The only question as to whether Mr. D.N. Sodhi had 5 shares or 21 shares be decided by the Court. She further mentioned that the applicant (Smt. Shakuntala Bali) had nothing to do with the said contract. She had mentioned that these shares were transferred by Deshraj and Mulakh Raj to her and she is in possession of original share scrips.
(3.) The question of applicant's share-holding was determined in company petition by P.N. Khanna, J.'s order. The relevant .portion of that order is as under:- "...I find that Smt. Shakuntala Bali is not the owner of the eight shares, which previously stood in the name of Des Raj and Mulk Raj and that the petitioner and the members of his family, i.e., his wife, his deceased brother, his two sons, Ramesh Sodhi and Suresh Sodhi and his daughter, Savita Sodhi, are the owners of 21 shares as claimed by the petitioner.............";