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KAMDHENU ISPAT LIMITED - Securities and Exchange Board of India

KAMDHENU ISPAT LIMITED - Securities and Exchange Board of India

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DEMATERIALISATION OF SECURITIES<br />

17. (2) Notwithst<strong>and</strong>ing anything contained in these Articles, the Company shall be entitled to dematerialised its<br />

existing shares <strong>and</strong> other securities; rematerialise its shares <strong>and</strong> other securities held with Depositories <strong>and</strong>/or <strong>of</strong>fer<br />

its fresh shares <strong>and</strong> other securities in a dematerialised form pursuant to the Depositories Act, 1996 <strong>and</strong> the rules<br />

framed thereunder <strong>and</strong> on the same being done, the Company shall further be entitled to maintain a register <strong>of</strong><br />

members with the details <strong>of</strong> Members holding shares both in material <strong>and</strong> dematerialized form in any media as<br />

permitted by law including any form <strong>of</strong> electronic media, either in respect <strong>of</strong> existing share or any future issue <strong>and</strong><br />

transfer or transmission <strong>of</strong> any shares or other securities held in material or dematerialised form.<br />

17. (3) The shares <strong>and</strong> other securities <strong>of</strong> the Company which are held in the dematerialised form shall not be<br />

progressively numbered <strong>and</strong> the provisions relating to the progressive numbering shall not apply to the shares or<br />

other securities <strong>of</strong> the Company which are dematerialised or may be dematerialised in future or issued in future in<br />

dematerialised form <strong>and</strong> no Share Certificates shall be issued in respect <strong>of</strong> the Shares issued/held in rematerialised<br />

form with any Depository.<br />

17. (4) Save as herein otherwise provided, the Company shall be entitled to treat the person whose name appears<br />

as the beneficial owner <strong>of</strong> the Shares/<strong>Securities</strong> in the records <strong>of</strong> the Depository as the absolute owner there<strong>of</strong> as<br />

regards the receipt <strong>of</strong> Dividends or bonus or Service or Notice <strong>and</strong> all or any other matters connected with the<br />

Company <strong>and</strong> accordingly the Company shall not (except as ordered by Court <strong>of</strong> Competent jurisdiction or as by law<br />

required) be bound to recognise any banami trust or equity or equitable, contingent or other claims to or interest in<br />

such shares/securities on the part <strong>of</strong> any other person whether or not it shall have express or implied notice there<strong>of</strong>.<br />

17. (5) In the case <strong>of</strong> Transfer or Transmission <strong>of</strong> <strong>Securities</strong> held by beneficial owners with the Depository the<br />

provisions relating to the normal transfer or transmission <strong>of</strong> securities in respect <strong>of</strong> the securities held in the physical<br />

mode shall not apply to the transfer <strong>of</strong> <strong>Securities</strong> effaced by the transferor <strong>and</strong> the transferee both <strong>of</strong> whom are<br />

entered as beneficial owners in the records <strong>of</strong> the Depository. In case <strong>of</strong> transfer or transmission <strong>of</strong> shares or other<br />

marketable securities where the Company has not issued any certificates in respect there<strong>of</strong> <strong>and</strong> where such shares<br />

or securities are being held in an electronic <strong>and</strong> fungible form with a Depository, the provision <strong>of</strong> the Depository Act,<br />

1996 shall apply.<br />

FORFEITURE & LIEN<br />

Forfeiture <strong>of</strong> shares<br />

18.(A) (i) If any member fails to pay any call or installment on or before the day appointed for the payment <strong>of</strong><br />

the same, the Directors may at any time thereafter during such time as the call or installment remain unpaid serve a<br />

notice on such member requiring him to pay the same, together with any interest that may have accrued <strong>and</strong> all<br />

expenses that may have been incurred by the company by reason <strong>of</strong> such non payment.<br />

(ii) The notice shall name a day not being less than 21 days from the date <strong>of</strong> the notice <strong>and</strong> a place or places on <strong>and</strong><br />

which such call or installment <strong>and</strong> such interest <strong>and</strong> expenses as aforesaid are to be paid. The notice shall also state<br />

that in the event <strong>of</strong> non-payment at or before the time, <strong>and</strong> at the place or places appointed the share in respect <strong>of</strong><br />

which such call was made or installment is payable will be liable to be forfeited.<br />

(iii) If the requisitions <strong>of</strong> any such notice as aforesaid be not complied with, any shares in respect <strong>of</strong> which such<br />

notice has been given may, at anytime thereafter before payment <strong>of</strong> all calls or installments, interest <strong>and</strong> expenses<br />

due in respect there<strong>of</strong> be forfeited by a resolution <strong>of</strong> the Directors to that effect. Such forfeiture shall include all<br />

dividends declared in respect <strong>of</strong> the forfeited shares <strong>and</strong> not actually paid before the forfeiture. Neither the receipt by<br />

the Company <strong>of</strong> a portion <strong>of</strong> any money which shall from time to time be due from any member <strong>of</strong> the company in<br />

respect <strong>of</strong> his shares, either by way <strong>of</strong> principal or interest. Nor any indulgence granted by the company in respect <strong>of</strong><br />

the payment <strong>of</strong> any such money shall preclude the company from thereafter proceeding to enforce a forfeiture <strong>of</strong><br />

such shares as herein provided.<br />

(v) Any share so forfeited shall be deemed to be property <strong>of</strong> the Company <strong>and</strong> the Directors may sell, re-allot<br />

otherwise dispose <strong>of</strong> the same in such manner as they think fit.<br />

(vii) Any member whose shares have been forfeited shall notwithst<strong>and</strong>ing such forfeiture be liable to pay <strong>and</strong><br />

shall forthwith pay to the Company all calls, installments, interest <strong>and</strong> expenses, owing upon or in respect <strong>of</strong> such<br />

shares at the time <strong>of</strong> the forfeiture, together with interest thereupon from the time <strong>of</strong> the forfeiture until payment at 12<br />

percent per annum or such other rate as the Director may determine <strong>and</strong> Directors may enforce the payment there<strong>of</strong><br />

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