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NATIONAL COMPANY LAW TRIBUNAL
SHRI. SUNIL KUMAR AGGARWAL, SHRI. RADHAKRISHNA SREEPADA, JJ
M/s. Axis Trustee Services Ltd. – Appellant
Versus
M/s. Aubergine Properties Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition arises under company law for membership rectification (Para 1 , 2) |
| 2. respondents' objections challenge the maintainability of the petition (Para 3) |
| 3. court analysis of jurisdiction and contractual compliance (Para 4 , 5 , 6) |
| 4. importance of statutory compliance in pledge enforcement (Para 7) |
O R D E R
Per RADHAKRISHNA SREEPADA, Member(Technical)
1. This Company Petition is filed on 30.03.2023 by Axis Trustee Services Limited (hereinafter referred as “Petitioner”) under Section 59 of the Companies Act, 2013 against Aubergine Properties Private limited and another (hereinafter referred as “Respondents”) inter-alia seeking the following reliefs:
a. Direct the Respondent No.1 Company to record the name of the Petitioner as a member of the Respondent No.1 Company in respect of the pledged shares i.e., 4,88,100 equity shares and rectify the statutory register of members.
b. Direct the Respondent No.1 Company to deposit all the amounts in respect of the pledged shares including dividends and other distributions.
c. Pass such other order or orders as the Hon’ble Tribunal may deem fit and proper.
2. Facts of the case as submitted by the Petitioner Facts of the Case me
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