Mohd Sharief Tariq, Members - (1.) Under consideration is the C.P. No. 12 of 2013 that came to be filed before the erstwhile CLB and stood transferred to NCLT and renumbered as C.P. No. 220 of 2016. The counsels caused appearance on behalf of Respondent 1 to 7. Thereafter, on 08.02.2017 the right of filing counter was forfeited and on 17.03.2017 all the respondents were proceeded ex parte.
(2.) We have heard the counsel for petitioner and perused the pleading along with record placed on the file. The prayer made in the company petition is for seeking to direct the 1st Respondent i.e., Alliance Granimarmo Private Ltd., to allot 2,25,000 shares to the petitioner and consequentially rectify the register of its members showing his shareholdings as 2,25,000 equity shares of Rs. 10/- each.
(3.) In the background, the counsel for petitioner has contended that in 2003 the petitioner i.e., Manah Tradelink Pvt. Ltd. got allotment of 1,92,500 shares in Mercury Granites Private Ltd., which is also reflected in the Return of allotments (Form No. 2) placed at Page 62 of the typed set. He further submitted that during 2004, the petitioner purchased 2,57,500 shares of Mercury Granites Pvt. Ltd. from a company named M/s. Roshan Housing Projects Private Ltd., which is reflected in Annual returns available at Page 73. The shares certificates for the said 2,57,500 shares were duly lodged with Mercury Granites private Ltd., for registering the transfer. Though, the said 2,57,500 shares were transferred in the name of the petitioner, Mercury Granites Private Ltd. failed to send the share certificates to the petitioner after the registration. Therefore, the petitioner is not in a position to ascertain the folio number, certificate number and distinctive number of the 2,57,500 shares. After the purchase of the said shares, the total shareholding of the petitioner in Mercury Granites Private Ltd. increased to 4,50,000 equity shares of Rs. 10/- each.;