B.S.V. Prakash Kumar, Member (Judicial) - (1.) SECOND respondents filed an application seeking for dismissal of this company petition filed by the petitioner seeking rectification of the share register of R -1 -company. The case of the petitioner is that the petitioner received a letter dated 7th August 2007 from 1st respondent stating that 2,500 shares being distinctive numbers 12023 to 12522 and 12523 to 14522 belonging to the petitioner were transferred on 1st August, 2007 to second respondent on being instrument of transfer and other documents placed by second respondent. To which, the petitioner -company filed this CP stating that it has never sold its shares to second respondent, thereby whatever documents filed by second respondent for registration of its name in the place of the petitioner is fabricated, forged and without consideration, hence, sought for rectification.
(2.) WHEREAS the case of second respondent is one Pradeep Kumar Kayan, one of the directors of the petitioner, signed the transfer form on behalf of the petitioner, also raised invoice for the same, in view of the same, second respondent says that the case of the petitioner is false, hence, sought for dismissal of same. The petitioner, in its rejoinder, categorically denied the defense of second respondent saying said Pradeep Kumar Kayan never signed upon the transfer form or invoice shown by second respondent.
(3.) ON seeing categorical denial of the petitioner, second respondent filed an application of interrogatories against Pradeep Kumar Kayan to know as to whether he signed upon the transfer form and the sale invoice. Having this Bench allowed the said application; he filed an affidavit before this Bench stating that he signed upon the transfer form and invoice as a director of the petitioner at request of one Santh Kumar Sutodiya, who is director of the petitioner -company and person filed affidavit on behalf of petitioner -company. On seeing Kayan filed affidavit saying he signed upon the documents, the petitioner has come up with CA No. 166/2011 to cross -examine Pradeep Kumar Kayan, the same is still pending before this Bench.;