Manorama Kumari, Member - (1.) The petitioner filed this petition under Section 58 and 59 of the Companies Act, 2013 with a prayer (a) to direct the Respondents to transfer the shares into the name of the petitioner and to make necessary entries as required in the register of members to reflect such transfer in favour of the petitioner; (b) the violation of the provisions of Section 56(6) of the Companies Act, 2013 be referred to the Registrar of Companies for appropriate action; (c) costs and incidentals to this application be paid by the Respondents; (d) such further or other order or orders and/or direction or directions as this Court may deem fit and proper.
(2.) As submitted by the Ld. Lawyer of the petitioner, the facts of the case are: 1. That the petitioner, Amrex Marketing Private Limited purchased 1000 shares of the Respondent No. 1, Company from the Proforma Respondents who held the shares in their joint name for valuable consideration. Upon receipt of full and final consideration, the Proforma Respondents delivered to the petitioner 1000 shares of the Respondent No. 1, company along with duly executed transfer documents, which is annexed as "A-6" to the petition. 2. That by way of a letter dated 11-11-2016, the petitioner submitted the aforesaid documents along with necessary enclosures to the Respondent No. 1, company for effecting transfer, as annexed with the petition as "A-7" P.89.
(3.) That on receipt of the letter dated 11-11-2016, the respondent No. 1, by way of a letter dated 09-12-2016, raised the issue of instrument of transfer deed, not being in accordance with law as also with regard to the pendency of the civil suit, which was replied by the petitioner on 27-12-2016 to the Respondent No. 1, company with reply copy to Respondent No. 2 and there has been no response since then and the situation continued to date without share transfer as sought for and mandated by law being effected. The said documents are also annexed with the petition as Annexure "A-8".;