It appears there's a misunderstanding. The text provided refers to a section within The Companies Act, 2013, not a court case. Therefore, I cannot provide a case summary. Section 39(4) of the Companies Act, 2013 pertains to the allotment of securities and refund of application money if minimum subscription is not received. To create a case summary, I need details of a specific court judgment that interprets or applies this section. If you have a specific case name and citation related to Section 39(4), please provide it, and I will create the summary as requested.