Trainee
26 Points
Joined September 2011
I purchased shares in 1994 pending execution od share transfer form. later seller refused to sign transferform. I filed case at City Civil Court, Calcutta on 3-1-2001 which degreed on 4-7-2011. seller lodged false FIR and having collusion with management of the company obtained duplicate shares. In written statment seller disclosed to obtain duplicate shares but did not disclosed that the duplicate sold by him. The company was party in the case as defendent no.2. company didi not file written statement nor disclosed that company issued the duplicate shares and those have been sold by the holder and have changed many hands these information disclosed by the company in FIR lodged against the plaintiff (Purchased of the shares) in april,2001 but did not disclosed its copy on court record. which is FRAUD on court and FRAUD on opposite party. duplicate obtained by FRAUD, cheating and forgery having collusion with Directors of the company and also sold duplicate shares to the Director of the company. Now I have filed application under section 111A of companies Act, 1956 and section 163 which is peding before company law board. The defendent no. 1 seller now filed appeal before the High court for passing the time only as before city court he did not filed any documentetary evidence nor appeared in witness Box and offer her self for cross examination. Plaintiff attorney examined as PW 1 produced documents and he was also cross examination. Now where I stand and should I file all the exibited doucments certiied copy and PW 1 evidence certified copy before the company law board in application 111A which is pending as I have already tale leave to include the name of the persons who holding duplicate shares as I at present dont know. The company not allowed inspection of A/R shareholders register etc.etc. hence sapearate petition u/s 163(6) is pending before CLB. Kindly suggest me what steps should be taken for safe guard. As my grans father himself appearing before CLB as we have no such funs to expend and engage the Advocate. Your guideence will help us. It may be noted that when defendent no.1 (seller) has filed 1st, Appeal to High-court so H/C may stay the operation of degree and judgenment of city court till disposal of the appeal. unser such circumstances my case bfore CLB will continue or not. As CLB may examined the slaes bill, payment by cheque, and other documents as examined by city coiurt and I may obtained certified copy of all documents and filed before the CLB for consideration. snder MITHILA KUMBHAT- DATED 25-5-2012 AT 9.45 PM. awaiting early reply.