Venkataramana Rao, J.

1. Application No. 2964 of 1939 is by S. RM. CT. S. Sabarathnam Chettiar under Section 184, Companies Act, to rectify the share register by removing his name and putting the name of Messrs. Kothari & Sons in his stead alleging that they and not he should be included in the list of contributories as a contributory for twenty shares numbered 89153 to 89172. His case is that in April 1938 he sold and delivered the said shares to Messrs. Kothari & Sons and received the price therefore and that from that day Kothari & Sons were the legal owners of the scares. In the affidavit filed by him he states that he under-stands from Kothari & Sons that the Travancore National and Quilon Bank Ltd., purchased the said shares in which case the bank would have no right in law to proceed against him with reference to these shares and that his liability to pay the uncalled share capital had ceased to exist. On behalf of Kothari & Sons an affidavit has been filed that they put through the transaction solely as brokers, that they sold the shares to the bank with the bona fide belief that the order was placed by the said bank on behalf of some undisclosed principal that the shar