20.caf.3190.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3190 OF 2009 IN FIRST APPEAL NO.142 OF 2008 Vijaykumar Gupta and another. ..Applicants. Versus Aditya Birla Nuvo Ltd., and others. ..Respondents. .... Mr.B.H. Gada, Advocate i/b. M/s. Harakhchand & Co. for the Applicants. .... CORAM : K. K. TATED, J. DATED : 4TH DECEMBER, 2009 P.C. 1. Heard learned Counsel Mr.Gada for the applicants. Though the respondents are served, no one appeared for them when the matter was called out for hearing. Leave to amend granted. 2. This Civil Application is preferred by the original plaintiffs seeking an injunction restraining the respondent No.1 - Company from transferring and/or creating third party 20.caf.3190.09 2 interest and/or right, title and interest in respect of any benefits arising in respect of the 100 equity shares bearing folio No.V-33545. The learned Counsel appearing on behalf of the applicants states that the respondent Company issued a letter dated 26th May, 2009 stating that in view of the provisions of Section 205A(5) of the Companies Act, 1956 read with circular dated 23rd September, 2002 from the Department of Company Affairs, the unpaid / unclaimed dividend of the company has to be transferred to the Investor, Education & Protection Fund (IEPF) after a period of seven years from the date it become due for payment. 3. In the present case, this Court already passed order on 25th March, 2008 restraining respondent company from transferring or giving effect to that transfer of all those shares till the hearing and final disposal of the present appeal. Considering the averments in the present Civil Application and the order passed by this Court on 25th March, 2008 in Civil Application No.3814 of 2006, present Civil Application is made absolute in terms of prayer clause 20.caf.3190.09 3 (aa) which reads as under : (aa) That pending the hearing and final disposal of this appeal, this Hon'ble Court may be pleased to pass an order and injunction restraining the Respondent No.1 Company from in any manner transferring to any third parties, fund etc. all the benefits, accumulations and advantages by way of Bonus, Rights, Dividend and Interest etc. in respect of the said shares being 100 Equity shares of Respondent No.1 Company of Rs.10/- each fully paid up and bearing folio No.V-33545 bearing distinctive Nos.25395342 to 25395441 comprised in Share Certificate No.735192 and 735193 respectively." 4. Civil Application is disposed of accordingly. (K.K.TATED, J.)