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july 2018

Supreme Court of India · 2018-07-03

ADESH KAUR vs EICHER MOTORS LIMITED

Citation / case number
SC 2017/34327
Court
Supreme Court of India
Petitioner
ADESH KAUR
Respondent
EICHER MOTORS LIMITED
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the fraudulent issuance of duplicate share certificates under the Companies Act, emphasizing the failure of the company to adhere to procedural safeguards as mandated by Circular No. 1 dated 09.05.2001. The Court held that the appellant, who was a victim of impersonation, was entitled to revalidated share certificates despite the company's objections, as the evidence of her ownership was clear and the fraudulent acts were acknowledged. The judgment reinforced the principle that procedural lapses cannot deprive a rightful owner of their assets, thereby upholding the NCLT's order in favor of the appellant.

ADESH KAUR vs EICHER MOTORS LIMITED · Niyam