mourned his passing away.
The paid up capital as per the last annual return filed by the companypany with the Registrar of Companies, was Rs.2,01,000.
As per the certified companyy of the annual return made up to 15th February, 1984 the shareholders of appellant No.
It appears that the appellants, aggrieved thereby, had also moved this Court under art.
The minutes of the meeting of 12th March, 1985 were companyfirmed by the two above mentioned Directors.
It is recorded in the judgment under appeal that on 23rd March, 1985 the Board of Directors held another meeting.
The appellant Mrs. Amrit K. Singh filed an appeal for herself and, as she alleged, as Working Director from the judgment and order dated 21st September, 1988 of the learned single Judge.
It is stated that the shares of Yash Pal Malhotra had been ac quired by late Mr. S.K. Desor and that respondent No.
The companypany had at all relevant times 7 share holders and the total number of shares subscribed and paid up was 2010 shares.
It is stated in the judgment under appeal that at the said meeting of the Board of Directors, they recorded their deep appreciation for the services rendered by late Mr. S.K. Desor as Managing Directorcum Chairman of the companypany, and.
1s obtain ing Reserve Bank of Indias permission and the succession certificate.
From the Judgment and Order dated 31.8.1989 of the Delhi High Court in Company Appeal No.
The third Director, Mrs. Amrit K. Singh, however, objected as she stated that she had number been informed of the last meeting.
The appellant No.
The appellant No.
As per the memorandum of associ ation the appellant companypany was carrying on the business of travel agents at G 40, Connaught Circus, New Delhi.
5 186 of 1989.
Late Mr. S.K. Desor was a British national.
He held 600 shares in the said companypany, acquired by him from the Ex Managing Director Mr. Amrik Singh Saluja and his family.
397,398 433 f of the Act was maintainable.
Aggrieved thereby, the appellants preferred this appeal to this Court.
100 each.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1s application for allot ment of 5 shares as per her letter of the same date was allowed by the Board of Directors, and it was resolved that in view of allotment of these shares, her interest in the shares of her late husband, she be appointed as a Director of the companypany, subject to Reserve Bank of Indias permis sion.
Various averments had been made in the petition with regard to oppression and removal of certain valuables of Mrs. Amrit K. Singh and illegal operation of the bank ac companynt etc.
1, being the widow of late Mr. S.K. Desor, applied as a legal heir of late S.K. Desor to the Board of Directors of the appellantcompany for transmission of 850 shares held by her late husband.
35 of 1988.
2 Mrs. Amrit Kaur Singh, at all rele vant times, was a shareholder holding 545 fully paid up shares in the share capital of the companypany, and was also the whole time working Director of the companypany, holding the office from 1974 onwards.
The quorum of the said meeting was two Mrs. Amrit Gupta and Mrs. Savitri Devi Kohli.
The Board of Directors resolved that they had numberobjection to transmis sion of the shares held by Mr. S.K. Desor but the actual transmission would take place on respondent No.
1 M s World Wide Agencies P Ltd. is a private limited companypany incorporated under the provisions of the Indian Companies Act, 1956 hereinafter referred to as the Act to which Table A of Schedule 1 to the Act applies, as stipulated under the Articles of Association of the companypany.
It was also asserted that Mrs. Singh was holding 545 shares benami and these in fact belonged to Mr. S.K. Desor.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, CJ.
directions.
This is an appeal from the judgment and order of the Division Bench of the High Court of Delhi, dated 31st Au gust, 1989.
Anil B. Devan and Vinoo Bhagat for the Respondents.
S. Nariman, Ashok K. Mahajan and Subhash Sharma for the Appellants.
1 companypany were as fol lows Mr. S.K. Desor 600 shares Mrs. Amrit Kaur Singh 545 shares Mr. Yash Pal Malhotra 250 shares Mrs. Amrit Gupta 200 shares Mrs. Savitri Devi Kohli 5 shares Mr. A.S. Saluja 5 shares Mr. Balwant Singh 405 shares 2010 shares A petition under ss.
The authorised Share capital of the companypany was to the tune of Rs.5 lakhs divided into 5000 equity shares of Rs.
The respondents Nos.
A further objection was taken that a companyposite petition under ss.
Leave granted.
1 filed an affidavit of her daughter Ms. Kim Paul, relinquish ing her claim to the shares of her late father.
397 398 of the Act and in the alternative for winding up of the companypany was filed by the respondents on 25th March, 1985, wherein it was alleged that on 12th March, 1985 respondent No.
2 3 to this appeal are children of late Mr. S.K. Desor who died on 5th March, 1985.
A preliminary objection was raised on behalf of Mrs. Amrit K. Singh regarding the maintainability of the petition on the ground that the appellants were number members of the companypany as their names had number been recorded in the register of members.
By a judgment and order delivered on 31st August 1989 the Division Bench dismissed the said appeal and held that the petition u s. 397 398 was maintainable by the respondents in the facts and circumstances of the case, and that a companyposite petition u ss.
The respondent No.
