KANA SEN Vs. C K SEN AND CO PVT LTD

JUDGEMENT

(1.) THIS is an appeal filed on April 12, 1996, jointly by Smt. Kana Sen, Shri Prasenjit Sen and Shri Premjit Sen (hereinafter referred to as "the appellants") under the provision of Section 111(3) of the Companies Act, 1956 (hereinafter referred to as "the Act"), for issuance of necessary directions to C. K. Sen and Company Private Limited (hereinafter referred to as "the respondent-company") to register the transmission of shares in the names of the appellants so that the names of the appellants may appear along with other surviving joint holders of the said shares of the respondent company.

(2.) The facts of the instant case are that appellant No. 1, Smt. Kana Sen, is the widow of the late Shri Dip Kishore Sen. The respondent company is a private company limited by shares, having its registered office at Calcutta in the State of West Bengal. The deceased, Dip Kishore Sen, was the registered member of the respondent company, the relevant particulars of which are given below :

(3.) LEARNED counsel for the respondent company has drawn our attention to the specific restriction contained in Article 35 of the articles of association of the respondent company which is reproduced below :