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M. S. SONAK, JITENDRA JAIN
Aloysius D’Souza – Appellant
Versus
Union of India Through the Ministry of Corporate Affairs, A Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nirman Sharma a/w Ms. Sheetal Shah i/b. M/s. Mehta & Girdharlal
For the Respondent: Ms. Kanchan Phatak, Mr. Prathamesh Kamat a/w Mr. Kayush Zaiwalla, Mr. Divakar N. Dadhich, Mr. Ishan Agrawal and Mr. Ashutosh Mishra i/b. Nyaayam Associates, Mr. Rohaan J. Cama i/b. Mr. Harish Adwant and Mr. S. V. Adwant

JUDGMENT :

Jitendra Jain J.

1. By this petition under Article 226 of the Constitution of India, the Petitioner, an individual, has prayed for quashing of the communication dated 4 October 2007 issued by Respondent No.3- National Stock Exchange (NSE) to Respondent No.5-Transfer Agent directing them not to transfer shares held by the Petitioner in Respondent No.4-Company-Dr. Reddy’s Laboratories Limited. The Petitioner further seeks mandamus to issue him a duplicate share certificate.

Brief facts :-

2. Since 1986 to 1997, Petitioner acquired shares, in tranches, of Respondent No.4-Company. As on 10 May 1994, the total shares held by Petitioner of Respondent No.4-Company in Folio No.A00450 was 900 shares. The Petitioner subsequently sold some of these shares. In April 2007, the shares of Rs.10/- each of Respondent No.4-Company were split into shares of Rs.5/- each. After the bonus issue, these 900 shares became 1800.

3. On 19 January 2007, Respondent No.5-Transfer Agent informed the Petitioner that he held 450 shares (before split-up) of Respondent No.4-Company, whereas he had surrendered only 50 shares for subdivision. Therefore, a request was made to the Petitioner to surrender the share

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