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21. Further, in pursuance or the above resolutions of the Board Meeting the company had taken action to appoint as NRI Non-Executive Director and a letter to this effect had been written to RBI on 27.1.189. The approval of RBI had also been received in February 1989. While forwarding a copy to the petitioner of letter dated 27.1.1989 written to RBI, Respondent No. 2 had listed on back of the letter in his hand indicating 5 steps he was to take for completion of formalities including clearance and information to DDA, ROC, Sale Tax and other authorities. The Petitioner had been sending money to the then Chairman Col. G.L. Beri the petitioner has specifically mentioned that one demand draft dated 15.5.1989 of Canadian dollar 5000 drawn on the Canadian Imperial Bank of Commerce Ottawa Canada favouring the Respondent company was sent by him as asked by Respondent No. 2. This draft was duly deposited on 12.06,1989 by the Respondent No. 2 in the company's account with Oriental Bank of Commerce, Nehru Place, Delhi for encashment. The Petitioner has alleged that the Respondents have not complied with the provisions of the resolutions dated 03.06.1988. Col G.L. Beri then Chairman, the father of the Petitioner and Respondent No. 2 expired on 24.10.1994 and Respondent No. 2 has filed a probate petition in the Court of District Judge Delhi for the probate of his purported Will dated 21.1.1991, which is still pending. The said Will inter alia states the 100% of his shareholding will fall to the shares of Respondent No. 2. The Petitioner and his sister are contesting the said probate petition on the ground that the purported will is fabricated and procured documents. The Petitioner has submitted that in view of the resolution of Board of Directors dated 03.06.1988 a binding contract of 40% shareholding and appointment of Petitioner as NRI Non Executive Director was duly completed. The respondent No. 2 had been intentionally delaying the matter and after the death of Col. Berri, he has tried to grab the company and always made some excuse or the other when share certificates were demanded from him. He has transferred all shares of the company in his own name and in the name of his family, members.