K.C.Ganjwal, - (1.) PETITIONER Shri Vipin Aggarwal, E-353, Mayur Vihar, Phase- II, Delhi- 91 has filed a petition under Section 111(4) of the Companies Act, 1956 against M/s. IICL Infosys Limited (Formerly known as HCL Hewlett Packard Limited) and Shri Ashok Kumar Chawla praying for restoring back 500 Equity shares and 250 Bonus shares in his name and issue fresh share certificates by Respondent No. 1 while canceling the shares certificates issued in the name of Respondent No. 2 and also direct the Respondent No. 2 to pay dividends received from 1994 to 1998.
(2.) The brief facts of the case are that the petitioner was the holder of 500 Equity shares of HCL Hewlett Packard Ltd. (Now HCL Infosys Ltd.). These shares were given to his brother Shri Sandeep Aggarwal at Saharanpur. There was theft in the office-of Shri Sandeep Aggarwal on 2.9.1993 and these shares along with other shares were stolen and immediately an FIR was lodged with Sadar Bazar Police Station at Saharanpur and an intimation was also given to the company (Respondent No. 1) not to transfer these shares/ in any body's name. The company Respondent No. 1 vide letter dated 22.5.95 informed the petitioner that the shares have been transferred in the name of Respondent No. 2. The company has also supplied the copy of the Transfer Deed to the petitioners. The petitioner has submitted that his signatures as transferor were forged and have illegality transferred the 500 shares and 250 Bonus shares to Respondent No. 2.
(3.) THE petitioner filed a civil suit before Civil Judge, Saharanpur where Respondent No. 2 pleaded that he had purchased the shares from his brother and has paid him Rs. 15.000/-. THE respondent have further pleaded that Civil court does not have the jurisdiction and only the company court can hear the case. He also quoted the decision of the Hon'ble Supreme Court in Ammonia Supplies Corpn. Pvt. Ltd. v. Modern Plastics Containers Pvt. Ltd. and Ors. THE Civil Judge dismissed the application stating that only the company Judge has the jurisdiction to dispose off this matter.;