806 of 1987 K. Sen, P.L. Sen, Bhaskar Sen, D.K. Sinha, A.N. Chat terjee, N.D.B. Raju and V.K. Jain for the Appellant.
The application aforesaid was companytested by the Company on various grounds.
From the Judgment and Order dated 4.5.1988 of the Cal cutta High Court in Appeal No.
The case of the respondent was that the shares in question being fully paid up and the companypany having numberlien over them the regis tration of the transfer of the shares in his favour companyld number be refused under Article 39 of the Articles of Associa tion of the Company which was the article relevant for the purpose.
S. Nariman, R.C. Nag, S.B. Mukharjee, R.F. Nariman, Kusum Agarwal, O.C. Mathur and D.N. Misra for the Respond ent.
Aggrieved, the Company preferred the appeal aforesaid before a Division Bench of the High Court which has been dismissed by the judgment appealed against.
Overruling the objections raised by the Company a learned single judge allowed the application.
The Judgment of the Court was delivered by OJHA, J. Special leave granted.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4565 of 1989.
This appeal by special leave has been preferred against the judgment dated May 4, 1988 of a Division Bench of the Calcutta High Court in Appeal No.
Facts in brief necessary for companysideration of the submissions made by learned companynsel for the parties are that the respondent, Pradip Kumar Sarkar made an application under section 155 of the Companies Act, 1956 hereinafter referred to as the Act for rectification of the share register of the appellantcom pany by inserting his name therein as a registered share holder of certain shares transferred in his favour.
This disapproval led the respondent to make the application under section 155 of the Act for rectification of the share register.
These shares were fully paid up and the companypany had numberlien over them.
