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2020 Supreme(MP) 334

VIRENDER SINGH
Parenteral Drugs (india) Limited – Appellant
Versus
Jagdish Mangal Huf And Others : Pooja Mangal And Others – Respondent


Advocates Appeared:
Shri Vijayesh Atre, Learned Counsel, for the Appellant; Shri Vishal Baheti, Learned Counsel, for the Respondent No.1

JUDGMENT

1. Regard being had to the similitude of the seminal issue that arises for consideration, this order shall govern disposal of both these petitions.

2. The moot question in both these petitions is that as to whether after incorporation of Section 430 of The Companies Act, 2013 w.e.f. 1.6.2016, the civil Court is barred to proceed with the civil suit already pending before it?

3. The petitioner in both these petitions is Managing Director (MD) of Parental Drugs (India) Pvt. Ltd, a public limited listed company.

4. According to the Respondent No.1, the company initially allotted him 12000 shares and later allotted 12934 bonus shares. Thus, total 24934 shares were allotted to him. But he misplaced the share certificates. On 01.09.2010, he lodged a report with the Police Station Jooni, Indore and on 09.09.2010 applied to the company to issue duplicate certificates. When his request was not acceded, he made a complaint to SEBI. Vide letter dated 07.10.2010, SEBI informed him that the matter is being inquired. On 29.10.2010, he received an email from the petitioner/company that the company has received 2 transfer deeds along with original share certificate for transfer of 14267 sh

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