Supreme Court · 2004 INSC 620 · Decided 26 October 2004
J.P. Srivastava and Sons PVT. LTD. and ORS. v. M/S Gwalior Sugar CO. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 620 · [2004] SUPP. 5 S.C.R. 648
- Case number
- CIVIL APPEAL No. 6951/2004
- Decided
- 26 October 2004
- Bench
- RUMA PAL, ARUN KUMAR (2-judge bench)
- Outcome
- Leave Granted & Disposed off
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 397, 398, 399(3), 399
Headnote
Companies Act-Sections 397, 398 and 399(3) Petition by shareholders including a trust-Support of share holders C having 10% of total issued shares-Calculation of-Held: Shareholding of the trust was to be taken into account as trust deed allowed a co-trustee­ petitioner to act for the trust interest in part of shares held by trust already vesting in its beneficiaries prior to filing of D petition-Held; This was irrelevant as beneficial interest rf'uld not make owner thereof a member of company-It could not mean that owner of shares as registered with company was
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