IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 35958 of 2007(E) -------------------------- PETITIONER: ------------------ K.M.MOHANDAS, "SREE NIDHI", SREE NAGAR, WEST FORT, TRICHUR - 680004. BY ADV. SRI.MILLU DANDAPANI RESPONDENT: -------------------- KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, CHOICE TOWERS, MANORAMA JUNCTION, ERNAKULAM COCHIN - 682 016 REPRESENTED BY ITS MANAGING DIRECTOR. ADDL.R3 IMPLEADED -------------------------------- ADDL.R3. P.M.RAJAN, S/O.E.V.MADHAVAN, AGED 43 YEARS, PAMPUMKATTIL HOUSE, PEECHI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. ADDL.R3 IMPLEADED AS PER ORDER DT. 12.3.08 IN IA.16848/07 R1 ADVS. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE, SC ADDL. R2 SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35958 of 2007(E) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF LETTER DATED 23.9.1998 ISSUED BY RESPONDENT EXT.P2. COPY OF PROMOTIONAL AGREEMENT DATED 4.8.2000 ENTERED BETWEEN AND RESPONDENT. EXT.P3. COPY OF COUNTER AFFIDAVIT DATED 15.9.2006 FILED BY 1ST RESPONDENT IN WP(C) NO.3832/2006-F EXT.P4. COPY OF COUNTER AFFIDAVIT DATED 30.10.2006 FILED BY 2ND RESPONDENT IN WP(C) NO.3832/2006 F EXT.P5. COPY OF JUDGMENT DATED 05.02.2007 OF THIS HOOURABLE COURT IN WP(C) NO.3832/2006 F EXTP.6. COPY OF JUDGMENT DATED 5.7.2007 OF THIS HONOURABLE COURT IN WA NO.1554/2007. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ................................................. W.P(C) NO.35958 OF 2007 ......................................................................... Dated this the 8th March, 2011 J U D G M E N T The main prayer sought in the writ petition is to direct the 1st respondent to transfer shares of M/s. West Fort Hi-Tech Hospital Ltd held by it to the petitioner. According to the petitioner, in terms of Ext.P2, the agreement between himself and the 1st respondent, the petitioner is entitled to buy back shares held by the 1st respondent in the aforesaid company. When the request of the petitioner was declined, this writ petition was filed. 2. The only objection that raised by the 1st respondent in the counter affidavit is that in view of the pendency of O.S.No.5241/2007 filed by Sri.P.M.Rajan, a shareholder of the aforesaid company, for an injunction restraining the 1st respondent from transferring the shares, share transfer cannot be effected. It is seen that the aforesaid P.M.Rajan get himself impleaded in this writ petition also. W.P(C) NO.35958 OF 2007 2 3. The learned Senior Counsel appearing for the petitioner has produced before this Court a copy of the judgment and decree dated 16th July, 2008 rendered by the Principal Munsiff Court, Thrissur in O.S.No.524/2007, which shows that the aforesaid suit was dismissed with cost on the ground of the counsel for the plaintiff reported no instructions. It is submitted that there is no appeal filed against the judgment. In that view of the matter, only objection that the 1st respondent pointed out to resist the request of the petitioner for transfering the shares, no long survives. Therefore, the writ petition is disposed of directing the 1st respondent to transfer the shares held by it in M/s. West Fort Hi- Tech Hospital Ltd, to the petitioner. This shall be done as expeditiously as possible at any rate within four weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE. dmb