affect the other
respondents and, except for their claim for rectification of the register of
members, all other contentions must be deemed not to have ... constitute a
rectification, but an adjudication of basic facts falling outside the realm of
rectification. Otherwise, under the garb of rectification, an applicant
held that when there is an express provision for rectification of registers, under the old section 155 (equivalent to the present section 111 ), such rectification ... embodied in section 111 of the Act. Even assuming that the rectification of registers can be effected in a proceeding under sections
appellant, Kothari Industrial Corporation Limited, is entitled to the reliefs of rectification of register of companies by deleting the names of the 11 respondent companies ... said section cannot override the provisions in respect of rectification of register as contained in section 111 of the Companies Act, nor can the said
register of any entry, or by any entry made in the
register without sufficient cause, or by any entry wrongly
remaining on the register ... register of any entry or by
any entry made in the register without sufficient cause or by any
entry wrongly remaining on the register
court to 111A. Rectification of Section 59:
rectify Register of register on transfer. Rectification of register
Members (1) In this section, unless of members ... what comes under rectification,
not projected claims under the garb of rectification. So far
exercising of power for rectification within its field there
could
under which, before any order of rectification of register of share-holders is made, the concerned parties should be heard. In the instant case, this ... effect and substance, a proceeding for rectification of Register of Members for which a substantive provision is available under Section III of the Act. Consequently
court), shall,-
(i) if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark ... party concerned to apply to the Appellate Board for rectification of the register.
(2) If the party concerned proves to the court that
Company Petition Nos. 40 of 2011 and 42 of 2011 for
rectification of register of members in respect of 726 shares and 128
shares ... register. If a name
exists on the register, without there being a sufficient cause, or a name
which originally existed stands omitted in the register
court),
shall,--
(i) if any proceedings for rectification of the register in
relation to the plaintiff‟s or defendant‟s trade mark
are pending before ... Page 6 of 21
defendants to apply to the IPAB for rectification of register. Consequently, it
was submitted that the application seeking stay
Mills Private Limited ("the first respondent company") for rectification of its register of members by deleting the name of the second respondent company ... present company petition on 20.07.2004 and therefore, the claim for rectification of the register of members is well within time. If there is any violation
