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2017 Supreme(NCLAT) 276

BALVINDER SINGH, S.J.MUKHOPADHAYA
MRF Limited – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Arun Kathpalia, Sr. Advocate with Ms. Surekha Raman and Mr. Anuj Sarma, Advocates.
For the Respondent: Mr. Kamal Agarwal, PCS

JUDGEMENT :

Sudhansu Jyoti Mukhopadhaya, J.

Appellants have challenged the order dated 10th February 2017 passed by the National Company Law Tribunal (hereinafter referred to as the Tribunal), Chennai Bench whereby and whereunder the Tribunal disposed the petition preferred by respondent under section 59 of the Companies Act 2013 with following observations and directions: -

    "12. It is otherwise a fact that Respondent-I suggested to seek indulgence of the court for obtaining appropriate order. It is also an admitted fact that the shares were in the name of 3rd Respondent, which by the process of trading has gone to Respondent-2 who insured the same with the petitioner and when the shares were lost he has lodged a police complaint and made a claim against the petitioner. The petitioner, after following the procedure, has settled the claim and made the payment and obtained the subrogation-cum special power of attorney form Respondent-2. In the light of the law of subrogation, the petitioner seems to be entitled to have the shares registered in his name and removal of the name of 3rd Respondent, thereby he will be entitled to get duplicate share certificates with all consequential benefi

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