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2023 Supreme(Online)(NCLT) 1251

NATIONAL COMPANY LAW TRIBUNAL
Amaram Shashikala – Appellant
Versus
Emjay Industries Pvt. Ltd – Respondent


Advocates:
For the Petitioner:M NAGA DEEPAK

ORDER

1. This instant petition is filed by the Petitioner under Section 59 of the Companies Act, 2013 praying to:

a. Pass an order rectifying the register of shares of the Company by deleting the name of Mr. M.Rajshekar and include the name of the Petitioner as a shareholder having 3.278% of shares in Respondent No.1.

b. Declare the transmission of shares belonging to M.Janardhan Rao in favour of M.Rajshekar as violative of Section 56 of the Companies Act, 2013 and as being void, illegal and arbitrary and the consequent Form 2 uploaded on the website of the Registrar of Companies as invalid.

c. Declare the Will dated 19.10.2016 as fabricated and invalid and rectify consequent transmission of shares pursuant to the will dated 19.10.2016.

d. Pass an order transmitting the shares of M.Lalitha Bai in favour of the Petitioner and other legal heirs.

e. The costs of this petition including the legal costs incurred by the Petitioner be granted.

2. Averments made by the Petitioner:

2.1 It is averred that the Respondent No.1 is a Company was initially incorporated with two (2) shareholders i.e., Late Mr.M. Janardhan Rao and his brother Mr. Kishan Rao, each holding 10 equity shares of Rs.100 each. Su

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