SATISH CHANDRA, J. - (1.) ON 11th May, 1972, Sri N.K. Agarwal, the petitioner, filed an application under Section 155 of the Companies Act, 1956, for the rectification of the register of members of Messrs. Hanuman Mills Private Ltd., Fatehpur, by entering the name of the petitioner as a shareholder in respect of 342 shares mentioned in paragraph 2 of the petition. Soon after, on 19th May, 1972, this court passed an order of winding up of Messrs. Hanuman Mills Private Ltd., Fatehpur. Thereafter, on 15th July, 1972, the applicant moved another application praying that after the winding -up order this court has jurisdiction under Section 467 of the Companies Act to settle the list of contributories and in that regard to direct the rectification of the register of members of the company under winding up. He prayed that his earlier application moved on 11th May, 1972, be treated as one under Section 467 of the Companies Act.
(2.) THE petitioner's case is that he held a decree in Suit No. 4 of 1959 dated 14th December, 1959, for Rs. 10,901.35 against one, Damodar Das Agarwal. He was the younger brother of Sri Shyam Sundar Agarwal, the managing director of the company. The decree was put into execution (Case No. 12 of 1960). Three hundred and forty -two shares held by the judgment -debtor, namely, Damodar Das Agarwal, were put up for auction on 18th July, 1963. They were purchased by the petitioner -decree -holder with the permission of the court for Rs. 4,000 in the partial satisfaction of the decree. The sale was confirmed by the execution court on 30th January, 1965, and became final. On 9th February, 1965, the execution court intimated the company of the transmission of the aforesaid 342 shares to the petitioner. The execution court issued a sale certificate to the petitioner on 31st July, 1965, certifying that he was the owner of the aforesaid shares, and directing the name of the petitioner to be substituted in place of Damodar Das Agarwal. But, in spite of it, the managing director of the company did not comply with the direction of the court. Consequently, the applicant has prayed that his name be entered as a shareholder of the 342 shares in place of Sri Damodar Das Agarwal in the register of members of the company.
(3.) IN the application the petitioner states that he became the owner of the following shares : (1) Two shares of Rs. 100 each standing in the name of Damodar Das Agarwal. (2) 100 shares in the name of Baldeo Prasad. (3) 120 shares in the name of Balaram Krishna. (4) 55 shares in the name of Bimal Kumar Agarwal. (5) 65 shares in the name of Prakash Chandra. ___________Total 342 shares___________ ;