that in the matters of rectification of register on transfer of shares, civil suit is maintainable. In the wake of such judgements and express language ... relief in common law by way of a suit. Section 111A(3) covers rectification of the register only and not register of members, unlike
suit in the City Civil Court, Bombay being S.C. Suit No. 6007 of
1988 (hereinafter referred to as the said suit) in respect ... members, the said suit would be hopelessly time barred. The
cause of action to file a suit for rectification arose at least on receipt
Gulabram, AIR 1958 Punj 157, in which an identical case of a suit having been withdrawn by a party due to a fraud played ... specific case of rectification. Since a party cannot resort to a suit for rectification of the register the first condition of nonavailability of alternate remedy
rectification but for the bonus shares under the garb of a petition for rectification which must be agitated in a civil suit ... Private Ltd. (supra) held that a claim by way of a suit for rectification of the register of members of a company is governed
petitioner to approach the civil court by way of a regular
suit.
16. He further pointed out to the decision in Jagatjit Industries ... Comp Cas 411 (CLB) that in determining an application for rectification, the court should consider the conduct of the parties seeking reliefs.
17. He further
granted. He pointed out that in a suit the court cannot order rectification of the register of members or reduction of capital or grant
procedure in an application for rectification under Section 155 because they are more appropriate subjects for trial in a suit in evidence after the full ... ourselves or to relegate the matter to a suit. This petition is for rectification of the register of members on various grounds. We have heard
plaints in the suits. Even though the grounds pleaded in the suits are similar to the present petition, in the suits the petitioners have sought ... administer the estate of PDB and not for rectification. In other words, the suits have been filed for a different purpose and for different reliefs
suit. This Board in Tracstar Investments Limited v. Gordon Woodroff Limited (supra), while examining the issue whether in a petition under Section 111 for rectification ... relegate the same to a civil suit. I, therefore, proceed to consider this company petition for rectification of the register of members of the Company
examined to see whether the application is for rectification or something else. If it is for rectification, all matters in that connection should be decided ... order for rectification without taking evidence on the disputed questions of fact or without relegating the parties to a suit. In the case ofPunjab Distilling
