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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Yogesh Khanna, J
Pawan Kumar Ahluwalia – Appellant
Versus
Himangini Singh – Respondent
| Table of Content |
|---|
| 1. appeal against nclt order on share transmission (Para 1 , 2) |
| 2. section 244 eligibility requires existing membership (Para 3 , 4 , 16) |
| 3. gift deed invalid due to unauthorized poa (Para 5 , 8 , 9 , 14) |
| 4. nclt has jurisdiction over gift deed validity (Para 6 , 7 , 13 , 15) |
| 5. legal heirs entitled as class 1 successors (Para 10 , 11 , 12) |
| 6. company must facilitate demat share transmission (Para 17 , 18 , 19) |
JUDGEMENT
JUSTICE YOGESH KHANNA, MEMBER (JUDICIAL)
The present Appeal is filed under Section 421 of the Companies Act, 2013 assailing an impugned interim order dated 13.02.2026 passed by the Ld. National Company Law Tribunal, New Delhi in CP No. 49/241-242/PB/2023, whereby it is held that Respondent Nos. 1 and 2 (i.e.Petitioner Nos. 1 and 2 before the NCLT) are “entitled to transmission” of 55,97,768 equity shares standing in the name of Late Shri KJS Ahluwalia.
2. The impugned order arises out of a Company Petition filed under Sections 241–242 of the Companies Act, 2013 alleging oppression and mismanagement in M/s KJS Cement (I) Limited. The Petitioners before the Ld. NCLT, Delhi sought to invoke jurisdiction under Section 244 by claiming eligibility on the footing o
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