1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3917 OF 1997 Mrs. Poornima Majoj Mehta & Anr ..Plaintiffs versus The Assam Co. Ltd. & Ors. ..Defendants Mr. Shailesh Shah with Ms. Jamuna Lokhandwalla i/b Pandya & Poonawala for Plaintiffs None for Defendants CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 29th JULY, 2009. P.C. : 1. The Plaintiffs are the joint owners of 1129 shares of the 1st Defendant. These shares are held by them in 23 Share Certificates in registered Folio No.13173. The 1st Plaintiff wrote a letter dated 07.04.1997 to the 1st Defendant, requesting the 1st Defendant to amalgamate the said shares with another existing Folio No.132430. The 1st Plaintiff enclosed the 23 Share Certificates of 1129 shares with the letter. Since, no response was received from the 1st Defendant, the Plaintiff wrote a letter dated 10.08.1997 and a reminder. The 1st Defendant by a letter dated 24.09.1997, informed the Plaintiffs that, the 23 Share Certificates had been sent to the address of the 1st Plaintiff by a letter 2 dated 29.04.1997 and that 1100 shares were lodged for transfer on 29.09.1997. The photocopies of the Transfer Deeds were enclosed. Defendant Nos. 3 to 6 are the purported transferees, who had lodged the 1100 shares for transfer. The Plaintiffs have averred that they have not transferred the shares, nor did they have any dealing with Defendant Nos. 3 to 6. The signatures of the Plaintiffs on the Transfer Deeds are stated to be forged. The Plaintiffs have stated that a signature thereon is at variance with the usual specimen signature and for that purpose a certified copy of the passport has been produced. There after correspondence exchanged between the Plaintiffs and the 1st Defendant. An FIR was lodged with the Gamdevi Police Station, on 09.10.1997. 2. The suit is instituted before this court for a declaration that, the Plaintiffs are the owners of the 1129 shares and for a declaration that Defendant Nos.3 to 6 have no right, title and interest thereto. Consequential reliefs have been sought. 3. At the interlocutory stage, an ad-interim order has been passed, restraining the 1st and 2nd Defendants from handing over the shares or share Certificates to anyone other than the Plaintiffs. 3 4. The Defendants have been served with the Writ of Summons, but have not entered appearance. The Plaintiffs have relied upon an Affidavit of evidence of the 2nd Plaintiff and a compilation of the original documents. In the absence of any contest the case of the Plaintiffs has gone un-challenged. The Plaintiffs have duly proved their case on the basis of the evidence on record. The suit shall be accordingly stand decreed in terms of prayer (a) to (i). (DR. D. Y. CHANDRACHUD, J.)