court may be pleased to :
(i) order the rectification of the register of members of the first respondent-company and declare that the members ... company who are not before the court and grant rectification of the register of the members of the first respondent-company relating to those shareholders
title to shares that may arise in an application for rectification of register. On the contrary, the language of sub-section (3) makes it abundantly ... several reminders, including notice calling upon it to effect the rectification of register of members showing the name of the petitioner as shareholder in place
register by registering therein as a registered shareholder of the shares transferred to him. The company whose shares have been purchased cannot refuse to register ... right to have the rectification carried out and the respondent-company could defeat the right if the rectification of the register only on specified bona
appropriate rectification
14
proceedings. In conformity with that
provision, Section 111 envisages that if
proceeding for rectification of the
register in relation to plaintiff ... enable
the party concerned to apply to the High
Court for rectification of register. The
consequences of the raising of issue are
two fold
ILR1991KAR527
JUDGMENT
K. Shivashankar Bhat, J.
1. The petitioners seek rectification of the register of members of the first respondent company (referred ... that the court may either reject the application or order rectification of the register. It does not say that the exclusive jurisdiction to rectify
under Section 155 of the Companies Act seeking rectification of the Register of Members of the First Respondent has been dismissed. Before proceeding any further ... company, or the company, may apply to the Court for rectification of the register.
(2) The Court may either reject the application or order rectification
under section 155 of the Companies Act, 1956, seeking rectification of the register of member of the first respondent has been dismissed. Before proceeding ... company, or the company, may apply to the court for rectification of the register.
(2) The court may either reject the application or order rectification
moved this court under s. 155 of the Act for rectification of the register of members.
5. The prayer is resisted by the respondent company ... defect apparent on the face of the record of the register which after rectification is made good and corrected by removing such a mistake
actually used. At the same time, the application for the rectification of the register was allowed confining the registration to the goods actually manufactured ... would have been if there had been no application for rectification of the register, it is difficult to say.
Further, the report makes it clear
court), shall -
i. if any proceedings for rectification of the
register in relation to the plaintiff's or
defendant's trademark are pending ... party concerned to apply to the High
Court for rectification of the register.
(2) If the party concerned proves to the court that
