Ramaswami, J.

1. This is an implication dated 14-7-1954 made by Sri Devakumar Mishra for rectification of the share register under Sec.38 of the Companies Act. The case of the petitioner is that two thousand ordinary shares Nos. 1 to 2,000 of Rs. 10 each were standing in the share register in the name of his father Ramadhin Mishra, and after the death of the said Ramadhin Mishra on 1-12-1952, the title to the shares devolved on the petitioner who is his only son and heir. The petitioner further alleged that he applied to the company for entering his name as a snare-holder in respect of the 2000 shares, but the company refused to enter his name on arbitrary grounds. A counter affidavit is filed on behalf of the Rupak Limited. Tae contention pat forward on behalf of the company is that the title to the shares is the subject-matter of dispute between the parties in the court of the Subordinate Judge, Patna, and the question cannot be decided in a summary way by this Court acting under Sec.38 of the Companies Act. Reference was made to the resolution of the company dated 26-2-1951, from which it appears that the company agreed that a sum of Rs. 1,00,000.00 would be paid to Sri