113.
(1) Where
| | (a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company ; or | | |
| | (b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member, | | |
|
|
(2) Where an application is made under the provisions of this section, the court may either refuse the application or may order rectification of the register and payment by the company of any damages sustained by any party agreed. |
|
(3) On an application made under the provisions of this section, the court may decide any question relating to the title of any person who is a party to the application to have his name entered in or omitted from the register, whether the question arises between members, or alleged members, or between members or alleged members on the one hand and the company on the other hand, and generally may decide any question necessary or expedient to be decided for rectification of the register. |
|
(4) In the case of a company required by this Act to send a list of its members to the Registrar, the court, when making an order for rectification of the register under the provisions of subsection (2) shall by its order direct notice of the rectification to be given to the Registrar. |
|
|