Case Law Details
Shri Nizar Mawani Vs Shri Ajay Moreshwar Antarkar (ICSI Disciplinary Committee )
The Disciplinary Committee and after considering all the material on record and after considering all the facts and circumstance of the matter observed that the instant case has arisen out of an affidavit purportedly filed before CLB, Mumbai, by the Respondent wherein he has denied the execution of the transfer deeds pertaining to the transfer of shares of Mr. Hanif Somji & Ms. Jenice Somji to the Complainant and his wife i.e. Mrs. Nurjehan Mawani in M/s. Zerostart Trading Pvt. Ltd., in his presence.
The Disciplinary Committee further observes that the alleged transfer of shares in question in M/s. Zerostart Trading Pvt. Ltd was done on 10th August, 2006 and the Respondent has not certified the Form 20B of M/s. Zerostart Trading Pvt. Ltd., for the financial year 2006- 2007. Even otherwise the Complainant has himself admitted in para 10 of his rejoinder dated 21.02.2014 that it is not a case of the Complainant that the Annual Return was improperly certifies by the Respondent but a misstatement in an affidavit filed by the Respondent before the CLB, Mumbai. The Disciplinary Committee further observed that the Complainant has failed to place any material evidence to show that the transfer deeds in question were signed in the presence of the Respondent apart from a letter dated 3rd February, 2010 addressed to the Respondent by the Complainant which is also signed by the Respondent beneath the signature of the Complainant. However, the Respondent on the other hand has alleged that he was forced to sign the said letter back dated and hence he had revoked the said letter vide email dated 11th March,2010. The Respondent further stated that he has also mentioned about the said letter in the affidavit in para 3.
The Committee further observed that there is another email dated 5th March,2010 of the Complainant on record addressed to the Respondent where it has been inter-alia stated that the Respondent was the External Company Secretary at the time of transfer of shares of certain companies including M/s. Zerostart Trading Pvt. Ltd. In the said email the Respondent was asked to approve/confirm the transfers of shares of M/s. Zerostart Trading Pvt. Ltd. The question arises that in case the Respondent has already confirmed the transfer of shares vide letter dated 3rd Feburary,2010 in the companies referred therein then why will the Complainant sent an email dated 5th March,2010 to the Respondent once again asking him to confirm the transfers without even mentioning about the letter dated 3rd February,2010.
In the absence of any material evidence to show that the transfer deeds in question were signed in the presence of the Respondent the question of misstatement in the affidavit does not arise.
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