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.