ADESH KAUR versus EICHER MOTORS LIMITED AND ORS.

ADESH KAUR versus EICHER MOTORS LIMITED AND ORS.

The Tribunal was correct not to relegate the appellant to further proceedings as this was a case of fraud; order of Appellate Tribunal set aside and Tribunal order reinstated, directing rectification of the register.

Source-derived case information.

Parties
Appellant: Adesh Kaur; Respondent: Eicher Motors Limited; Respondent: SEBI; Respondent: Vikas Tara Singh
Jurisdiction
India
Judgment Date
03 July 2018
Procedural Posture
Civil Appeal / Appeal Against Order of National Company Law Appellate Tribunal
Outcome
Appeals allowed; Appellate Tribunal's order set aside; Tribunal's order reinstated
Legal Topics
Rectification of Register of Members, Fraudulent Transfer of Shares
Company Law Rectification of Register of Members Fraudulent Transfer of Shares

Source-derived case record

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Parties

Adesh Kaur

Appellant

Eicher Motors Limited

Respondent

SEBI

Respondent

Vikas Tara Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of National Company Law Appellate Tribunal

Legal Issues

  1. 1 Whether the appellant's share certificates were fraudulently transferred and whether the company register should be rectified under s.59 of the Companies Act, 2013

Ratio Decidendi

The Tribunal was correct not to relegate the appellant to further proceedings as this was a case of fraud; order of Appellate Tribunal set aside and Tribunal order reinstated, directing rectification of the register.

Court Disposition

Appeals allowed; Appellate Tribunal's order set aside; Tribunal's order reinstated

Orders

  • Company to rectify its register for physical share certificates
  • Concerned depository to rectify demat records accordingly