V. R. K. KRUPA SAGAR
Cheka Aadipathirao – Appellant
Versus
Grandhi Seshamambadied – Respondent
JUDGMENT :
V.R.K. KRUPA SAGAR, J.
1. Having lost his claims and contentions in two related suits, the appellant herein preferred these two appeals under section 96 of the CPC. The dispute revolves around the ownership over certain shares of the erstwhile Vysya Bank Limited (presently Kotak Mahindra Bank).
2. Sri Grandhi Varaprasadarao and Smt. Grandhi Seshamamba are husband and wife to each other. Sri Cheka Aadipathirao/appellant is closely related to them. Sri Grandhi Varaprasadarao purchased 1,250 shares of Vysya Bank. Several years thereafter, there was a rights issue that was announced by the bank. Sri Grandhi Varaprasadarao did not purchase the shares offered in the rights issue and he renounced his rights in favour of his wife/Smt. Grandhi Seshamamba. She claims that since her husband renounced the rights issue in her favour, she paid the sale consideration and purchased the plaint schedule mentioned 1250 shares. However, the claim of Sri Cheka Aadipathirao is that these rights issue shares were jointly purchased by Grandhi Seshamamba as the first applicant and himself as the second applicant. It is this claim of him that has given rise to the litigation in the courts.
3. Sri Che
The civil court has jurisdiction to adjudicate ownership disputes over shares, and the evidence supported the sole ownership claim of the wife.
The court ruled that a plaintiff’s limited interest in property, dictated by the will, cannot be construed as absolute ownership; undue influence invalidates share transfers.
The jurisdiction of the Civil Court is not ousted by Section 430 of the Companies Act, 2013, in cases where the dispute involves allegations of fraud and breach of fiduciary duty by an auditor of a c....
The court underscored that judgments cannot be dismissed on jurisdictional grounds absent proof of fraud, and issues regarding authority to sue must be established in trial.
The judgement establishes that shareholders holding not less than one-tenth of a company have the right to apply under the Companies Act for remedies regarding oppression and mismanagement.
The court established that the NCLT must conduct a thorough examination of evidence in cases involving rectification of the Register of Members under the Companies Act, 2013.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.