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2018 Supreme(NCLAT) 604

A.I.S.CHEEMA, BALVINDER SINGH
M. Kondappa – Appellant
Versus
Symphony Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Shyam K. Shelat, Advocate.
For the Respondent:Mr. Gaurav Chauhan, Advocate

JUDGMENT :

BALVINDER SINGH, MEMBER (TECHNICAL)

1. This appeal has been preferred by appellant under Section 421 of the Companies Act, 2013 against the impugned order dated 9th June, 2017 passed by the Hon’ble National Company Law Tribunal, Ahmedabad Bench, Ahmedabad.

2. The brief facts of the case are that 1st respondent is a company registered under the Companies Act, 1956, initially, as a private limited and thereafter, converted into a public limited company. The shares of the 1st respondent are listed on recognised Stock Exchanges.

3. The appellant was originally holding 1000 equity shares of Rs.10/- each of the 1st respondent. Later on the shares were sub-divided by dividing one equity share of Rs.10/- each to 5 equity shares of Rs.2/- each by passing Board Resolution dated 29.7.2011 and BSE Notice No.20120215-5 dated 15.2.2012and thereby the shareholding of the petitioner, as per the Register of Members of the 1st respondent as on 30th June, 2015, was 5000 equity shares (Page No.81).

4. It is stated by the appellant that on and after 15.2.2012 the split shares were sent to the appellant by the 1st respondent through post but the same is returned back “undelivered” since the appell

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