R.P. Nagrath, Member - (1.) This petition is filed against the deemed refusal by the respondent-company to register the names of the petitioners being the natural heirs of late Harjinder Singh, deceased who was a shareholder in the company holding 25% of the shares in the register of members of the company. This petition/appeal has been filed in terms of sub-section (3) of Section 58 of the Companies Act, 2013, in Form No. NCLT-1. The petitioners impleaded 4 respondents in this petition. Respondent No. 1 is the company and respondent Nos. 2 to 4 being the Directors. However, when the matter was listed on 28.08.2017, notice of this petition was directed to be issued to respondent No. 1 company and to respondent No. 2 only being the Managing Director.
(2.) The respondent No.1 company was incorporated on 03.12.2001 and allotted CIN No. U70101CH2001PTC024820 having authorised and paid up share capital of Rs. 70.00 lacs divided into 7,00,000 equity shares of Rs. 10/-each. The certificate of incorporation is at Annexure P-1. It is a private limited company having four shareholders as per the Balance Sheet ending 31.03.2016. The shareholding pattern of the company as on 31.03.2016 is described as under:- The list of shareholders is at page No.295 of the Paper Book being part of the Annual Return for the year ending 31.03.2016.
(3.) Harjinder Singh died on 29.11.2008. He was survived by the petitioners as the only legal heirs. Petitioner No.1 and 3 are sons and petitioner No.2 is the wife of late Harjinder Singh. The petitioners have relied upon the Succession Certificate, Annexure P-21 (page No.302) issued by the Civil Judge, Chandigarh on 07.12.2016 in respect of 1,75,000 shares held by Harjinder Singh in R-1 company.;