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2018 Supreme(SC) 254

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR
Mackintosh Burn Limited – Appellant
Versus
Sarkar and Chowdhury Enterprises Private Limited – Respondent


Advocates Appeared:
For the Appellants :- Satish Kumar, Adv.
For the Respondents:- Ms. Bharti Tyagi, Adv.

JUDGMENT

Kurian, J.

Delay condoned. Leave granted.

2. The appellant is a public company with majority of shares held by the Government of West Bengal. The respondent, which is holder of 28.54 per cent of the shares purchased 100 shares, which together would make its holding 39.77 per cent, sought registration of the shares. Since, no orders were passed on the registration, the respondent approached the Company Law Board, Kolkata Bench, Kolkata. It was mainly contended by the appellant that the respondent Company is controlled by a competitor in business, and hence, it would not be in the interest of the Government Company to permit such transfer. The Company Law Board, however, rejected the contentions and directed registration as per order dated 16.09.2015. The order, to the extent relevant, reads as follows:

"6. Having considered (sic) the Company Petition, reply, rejoinder and the arguments (oral and written), it is observed that the Respondent Company is a Government of West Bengal Undertaking wherein 51.01% of the total issued, subscribed and paid up share capital is held by the Government of West Bengal which correspondence to 454 equity shares of Rs. 3,500/- each. Besides, the P

















































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