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2020 Supreme(Mad) 1069

A.P.SAHI, SUBRAMONIUM PRASAD
Kamala Srinivasan – Appellant
Versus
Union of India rep. By its Secretary to Ministry of Corporate Affairs – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Sricharan Rangarajan
For the respondents: Mr.R.Durga Rani,CGSC

ORDER :

SUBRAMONIUM PRASAD, J

Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration to declare Section 124 (6) of the Companies Act, 2013 and corresponding Rules 6 & 7 of the Investor Education and Protection Authority Fund (Accounting, Audit, Transfer and Refund) Rules, 2016, as unconstitutional being violative of Articles 14, 21 and 300 A of the Constitution of India.

The instant writ petition challenges the vires of Section 124 (6) of the Companies Act, 2013 and Rule 6 and 7 of the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 as unconstitutional being violative of Article 14, 21 and 300 A of the Constitution of India.

2. The petitioner states that her son R.Murali Srinivasan passed away on 30/8/1993 intestate at Quriyat, Oman, leaving behind the petitioner and his wife. The petitioner's son was having shares in a Company called I-Flex Solutions Limited (IFLEX). The said Company was taken over by M/s. Oracle Financial Services Software Limited, fourth respondent herein. These shares were allotted to the petitioner in the year 1992.

3. Over the years, bonus shares

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