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Author Topic: Illegal shares dilution & obstruction post passing of a directorship resolution.  (Read 1329 times)

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Offline rgr2012

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I need urgent and specialist CLB layers or retired judge’s assistance. I am aggrieved by a CLB order. I live in the UK and hope coming to the forum would be helpful. 

THE LAW should be applied fairly and correctly  ???

I and my paternal uncle formed a Pvt. Ltd. Company in India in 2000. The company only has a land and a factory thereon. The factory is rented out and the company does not carry out any business. I had 50%, my uncle had 49% and my aunty had 1% shares. My paternal uncle and his wife were the only two directors. Status quo continued till 2005 when my uncle fell ill. He invited me to India to assist with the company matters and take charge. The full body of shareholders and all/both the directors passed a resolution to make me a director. However I did not have a PAN & DIN number. Applications were made in order to then complete form 32. Unfortunately my uncle died in Jan 2007 before the completion of form 32. Immediately after my uncle’s death my aunty stopped communicating with me and ignored my attempts to contact her.

I was ignorant of law and on ill advice from an advocate I commenced a civil suit in 2008. Then in 2011 I was advised that only CLB can grant the required prayers. We prepared and filed a CLB petition in Feb.2012. On acceptance of my CLB petition I withdrew my civil suit. During the preparation of the CLB petition, to my horror it was discovered that the defendant, without any information or notice, had reduced my shareholding to 8%.         

I was convinced that mine was an open-and-shut case. I have overwhelming amount of proof/documents to support my case against the defendant’s mismanagement of the company affairs. The defendant’s defense is emotional and unconvincing. 

The CLB judge has made many blatant errors in his order and it seems he has used his discretion unfairly and sympathized with the defendant.

On appeal the high court judge rejected the appeal on the basis that –
No Question of Law arises. There is no merit in the appeal. It is dismissed.

I know judges do not give incorrect decisions. However this IS a grave mistake and it should not be acceptable in the justice system.

I would like to know my position. If you can help I would send you details of the case and want you to advise me. If you find that I do have a just cause for grievance then you are requested to comment and provide applicable citations of case laws in support of my case.

I will reimburse for your advice and citations. I have to file my Supreme Court appeal with next two weeks. Please respond urgently.   


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