P. B. MUKHARJI, J.

( 1 ) THIS is an application on behalf of Messrs. Mukherjee Brothers of No. 9, Royal Exchange Place, Calcutta, for an order that the Share Register of the Company Dhelakhat Tea Co. Ltd. , be rectified by deleting the name of Matadis Khaitan and by substituting the name of Nandalal Srimani as the holder of 100 shares in the said company bearing Nos. 41. 015-41114.

( 2 ) THE application is opposed by respondents Rabindra Nath Ghosh and Chaya Ghosh and by the respondent B. M. Garg and Co. The other respondents except Dhelakhat Tea Co. Ltd. have not appeared in answer to the summons. The company submits that it will abide by any order that may be made on this application.

( 3 ) NOW, these shares are disputed shares in respect of which there are many claims. On August 29, 1951, they were registered in the name of the respondent No. 1, - Rabindra Nath Ghosh. In November 1953, the respondent Rabindra Nath Ghosh and the respondent Chaya Ghosh borrowed a sum of about Rs. 4,000/- from respondent B. M. Garg and Co. Stock brokers, and, as security for due repayment of the said loan, respondent Rabindra Nath Ghosh made over to B. M. Garg and Co. the share certificates rela

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