National Consumer Disputes Redressal
Madan Mohan Kalundia vs Investar Service Centre, Itc Ltd. on 23 August, 2018
Author: R.K. Agrawal
Bench: R.K. Agrawal
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 84 OF 2017 (Against the Order dated 13/10/2016 in Appeal No. 898/2013 of the State Commission Rajasthan) 1. MADAN MOHAN KALUNDIA S/O. SHRI RADHA KRISHNA KALUNDIA, PLOT NO. 113-114, NIRMAN NAGAR AB, AJMER ROAD, DISTRICT-JAIPUR RAJASTHAN ...........Petitioner(s) Versus 1. INVESTAR SERVICE CENTRE, ITC Ltd. THROUGH ITS MANAGER/DIRECTOR/AUTHORIZED REPTATIVE 37 JAWAHAR LAL NEHRU ROAD, KOLKATA-700071 WEST BENGAL ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
For the Petitioner : Ms.Archana Pathak Dave, Advocate For the Respondent : Mr.Ajay Aggarwal and Mr.Siddharth Banthia,
Advocates with Mr.Arun Bose, Dy.Company
Secretary
Dated : 23 Aug 2018 ORDER
I have heard learned Counsel for the parties.
Mr.Arun Bose, Deputy Company Secretary of the Respondent Company is present in person and has explained the reasons for not issuing the duplicate/split shares, which are registered in the name of the Petitioner along with another person. In my considered view, under the Provisions of the Companies Act, Respondent Company has to deal with the registered shareholder and not anybody else while dealing with the question of issuing duplicate/split share certificate (including bonus shares issued, if any) requested by the registered shareholder. Of course the necessary formalities and procedures have to be followed, viz. publication in the leading newspapers. However, the Petitioner shall give an affidavit/indemnity bond/undertaking for indemnification, in case any claims regarding the ownership of the shares in question are made. It goes without saying that if any person files any objection, then the Respondent Company shall decide the said objection only after calling for the comments/reply from the Petitioner. The whole exercise be completed within three months.
It goes without saying that the dividends on the aforesaid shares declared by the Respondent Company and not paid over to the Petitioner/registered shareholder, shall be paid immediately along with the issuance of the duplicate/split share certificates to the Petitioner.
Learned Counsel for the Respondent Company has stated that as some of the dividend remained unpaid to the registered shareholder for a specified period, that amount of dividend has been deposited in the Investors' Protection Fund. He submitted that the Company will extend all help to the Petitioner to claim the said amount of dividend from the appropriate Authority.
The Revision Petition stands disposed of in the above terms.
......................J R.K. AGRAWAL PRESIDENT