B.C.Mitra, J. - (1.) This is an application for rectification of the register of members of New Standard Coal Company Private Limited (hereafter referred to as the company) by entering on the register the petitioner's name as a member of the company as the holder of 74 shares and for an order deleting the names of the respondents Nos. 3 and 4 as the holders thereof.
(2.) On October 3, 1963, an order was made on an application under Sections 397, 398 and 402 of the Companies Act, 1956, appointing respondent No. 2 as the special officer of the company with powers to take possession of the colliery belonging to the company and also of the books of account and assets of the company. The board of directors of the company was superseded and its powers were vested in the special officer. Pursuant to this order, respondent No. 2 has taken possession of the company's assets and books and is exercising the powers of the board.
(3.) On or about January 15, 1964, respondents Nos. 3 and 4 sold and transferred to the petitioner 74 fully paid up equity shares which were jointly held by respondents Nos. 3 and 4 in the capital of the company. On the same date the said respondents made over to the petitioner the original share certificates relating to the said 74 shares along with the transfer deeds executed in favour of the petitioner. By a letter dated January 15, 1964, respondents Nos. 3 and 4 informed respondent No. 2 about the transfer of the said shares to the petitioner.;