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PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
Bais Surgical And Medical Institute Pvt. Ltd. – Appellant
Versus
Dhananjay Pande – Respondent
JUDGMENT :
1. The present appeals arise from the judgments of the High Court1[Vide judgement dated 08.06.2009 in Company Appeal No. 7 of 2004 and judgement dated 21.04.2010 in Company Appeal No. 9 of 2008.], whereby the appeals preferred by the appellants against the orders of the Company Law Board2[Vide order dated 02.12.2004 in Company Petition No. 9 of 2001 and order dated 14.03.2008 in Company Petition No. 1 of 2005.] came to be dismissed. The principal question which arises for consideration in these appeals is whether, in the absence of a formal entry of the respondent no. 1’s name in the register of members, he could nonetheless be regarded as a “member” of the company so as to invoke the jurisdiction of the Company Law Board under Sections 397 and 398 of the Companies Act, 1956. The facts necessary for the adjudication of the present controversy are set out hereunder.
2. Appellant no. 1 is a company incorporated on 14.11.1994. Appellants no. 3 and 4 are its shareholders and directors. Appellant no. 2, along with his wife, established and constructed a hospital intended to be operated by appellant no. 1. The hospital commenced its operations but, within a short span, encounter
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