Ch. Mohd. Sharief Tariq, Member - (1.) Under adjudication is the Company Petition No. 12/111A/CB/2014 that has been filed before the erstwhile Company Law Board (CLB) and after establishment of NCLT, the same has been transferred to this Bench and renumbered as TCP No. 225/2016. The Petition has been filed under Section 111/111A of the Companies Act, 1956. The Petitioner is Kamlesh Kalidas Shah and the Respondents are M/s. TVS Motors Ltd. and 10 Ors. The Respondent Nos. 1 and 2 filed the counter, to which, a rejoinder has been filed by the Petitioner.
(2.) At the outset, it may be mentioned that, the Petitioner was directed to cause paper publication, based on which, the Respondent Nos. 3 to 10 were served but they did not appear before this Bench. The service on Respondent Nos. 3 to 10 was held sufficient and they were proceeded ex parte on 25.01.2017. Respondent No. 11 was represented by the Chartered Accountant. However, there has been settlement between the Petitioner and the Respondent No. 11. Based on the settlement, a detailed Order came to be passed by this Bench on 13.06.2017 which reflects that the Respondent No. 11 has transferred 1000 shares in the 1st Respondent company in favour of the Petitioner.
(3.) The Petitioner is seeking the reliefs against the Respondent Nos. 1 to 10 which are as follows:- A. The Petitioner be declared as owner of 450 shares of 10 paid up, now after split and bonus be declared owner of 8000 shares of Issuer Respondent No. 1 whose details are set out herein above and Respondent No. 1 be directed to rectify the Register of Members to effect the transfer of shares in the name of Petitioner without procuring the transfer deeds. B. Respondent No. 1 be restrained to issue duplicate shares to Respondent Nos. 3 to 10 or any other person and further be directed not to transfer the said 8000 shares or attached benefit to any other person until this Petition is finally disposed of C. Respondent No. 1 be directed to maintain status quo of the shares along with attached benefit pending disposal of this petition. D. The Petitioner he declared entitled to the benefits incidental and attached to the shares accrued by way of dividend, bonus and rights shares etc. E. The Petitioner be declared for the rights, title and interest in the shares and ownership thereof along with all voting rights attached thereto from the date of its purchase.;