Supreme Court dismissed appeals, confirming Dhananjay Pande as member of Dr. Bais Surgical & Medical Institute despite lack of register entry.
Court held Section 2(27) definition of “member” overrides Section 41 procedural requirement, allowing equitable relief under Sections 397/398.
The judgment ordered release of Rs.2,59,18,525 plus interest to the respondent and dismissed all costs.
Respondent invested ~14.75 lakh shares, served as Managing Director, but the company failed to issue share certificates, sparking the dispute.