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2025 Supreme(Online)(NCLT) 6670

NATIONAL COMPANY LAW TRIBUNAL
SHRI. VINAY GOEL, SMT. MADHU SINHA, JJ
Ms. Isabelle Fabienne Perret - Gentil – Appellant
Versus
M/s. WHISPERING KERA ECOLOGICAL HOMESTAY PRIVATE LIMITED – Respondent


Advocates:
For the Appellant: Ld. Senior Counsel, Mr. Santhosh Mathew, Ld. Counsel, Mr. Lavkesh Bhambani, Ld. Counsel, Mr. Sanjay Vashishtha
For the Respondents: Ld. Counsel Mr. Bijoy Pulipra, Junior Technical Assistant, Mr. Savy J Alapat

Table of Content
1. legal heir’s entitlement to shares (Para 1 , 2 , 3 , 4 , 5 , 6)
2. respondent's objections to share transfer (Para 7 , 8 , 9 , 10)
3. court's observations on corporate conduct (Para 30 , 31 , 32)
4. power of attorney validity (Para 41)
5. final ruling on share transfer (Para 48 , 49 , 50)

ORDER

Per Coram

1. The present Company appeal under section 58(3) Read with 59 of the Companies Act, 2013 , has been filed by the appellant seeking the following reliefs: -

A. To issue a direction to the 1st Respondent Company and the 2nd Respondent, to carry out transmission of 6000 shares held by Late Ms. Sylvaine Perret-Gentil in the 1st Respondent Company to Appellant.

B. To issue a direction to the 1st Respondent Company and the 2nd Respondent, to rectify the register of members of the 1st Respondent Company so as to reflect 6000 shares in the name of the Appellant herein.

Interim Relief: -

A. To retrain the 2nd respondent from exercising any rights in respect of 6000 shares held by late Ms. Sylvaine Perret-Gentil;

B. To permit the appellant to attend all the General Meetings of the 1st respondent and to exercise voting rights in respect of 6000 shares which she is entitled to;

C. To

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