Supreme Court - Daily Orders
M/S. Metro Infrastructure Develoment ... vs Btl Epc Ltd. (Formerly Known As M/S. ... on 15 April, 2019
Bench: Rohinton Fali Nariman, Vineet Saran
1
ITEM NO.40 COURT NO.5 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 2405/2017
(Arising out of impugned final judgment and order dated 27-07-2016
in APO No. 229/2015 passed by the High Court At Calcutta)
M/S. METRO INFRASTRUCTURE DEVELOPMENT LTD. Petitioner(s)
VERSUS
BTL EPC LTD. (FORMERLY KNOWN AS M/S. BENGAL TOOLS
LTD.) Respondent(s)
Date : 15-04-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE VINEET SARAN
For Petitioner(s) Mr. Krishnaraj Thakker, Adv.
Mr. Prasenjit Sarkar, Adv.
Mr. Rahul Gupta, AOR
For Respondent(s) Mr. Manish Goswami, Adv.
Mr. Rameshwar Prasad Goyal, AOR
UPON hearing the counsel the Court made the following
O R D E R
The order dated 31.03.2015 passed by the Company Law Board states:
“…. …. It is on record that the revalidated share transfer deeds along with original share certificates were deposited with the Respondent Signature Not Verified Company on 08.10.2012 and hence, the Respondent Digitally signed by R NATARAJAN Date: 2019.04.16 16:28:14 IST Reason: Company ought to have transferred the shares in the name of the Petitioner. Under these 2 circumstances, I am of the considered opinion that the Respondent Company is required to ensure proper compliance of the directions of this Hon’ble Board as given vide Order dated 10.08.2010 as the due compliance of Section 108 of the Companies Act, 1956 has been done by the Petitioner. Therefore, I hereby direct the Respondent Company to transfer the 90 shares in the name of the Petitioner Company based on the revalidated share transfer deeds along with original share certificates deposited with the Respondent Company on 08.10.2012, within one month hereof positively.” This order must be carried out in letter and spirit, if it has not so been carried out already, within a period of two months from today.
We leave the question of law open.
The Special Leave Petition stands disposed of accordingly. Pending applications, if any, also stand disposed of.
(R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR