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2017 Supreme(NCLAT) 72

S.J.MUKHOPADHAYA
Hasmukh Bachubhai Baraiya – Appellant
Versus
Symphony Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shyam K. Shelat.

ORDER :

1. The appeal is filed by the Shareholder of Symphony Limited preferred application under Sections 56, 58 and 59 of the Companies Act, 2013 for direction to the 1st Respondent Company to issue duplicate shares in respect of 21500 equity shares vide Ledger Folio Nos. 021673 and 021674 and for an order to release unclaimed dividend on those shares.

2. The National Company Law Tribunal (hereinafter referred to as ‘Tribunal’) Ahmedabad Bench, taking into consideration the disputed question of the fact and that the appellant apart from the general statement that share certificate have been misplaced has not enclosed any evidence in its support and in view of the provisions of the law and further taking into consideration the fact that a suit is pending between the appellant and the 5th Respondent claiming right over the 20000 equity shares, refused to grant relief to the appellant by impugned order dated 26th April, 2017 passed in TP No. 116/2016 (New). The impugned order is under challenge in this appeal.

3. Ld. Counsel appearing on behalf of the appellant submits that three issues have not been considered by the Tribunal, but from the detailed impugned order dated 26th April, 201

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