:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. COMPANY PETITION NO.498 OF 2004 COMPANY PETITION NO.498 OF 2004 COMPANY PETITION NO.498 OF 2004 Joit Kumar B. Jain ..... Petitioner vs. Earnest Export Ltd .... Respondent R.B. Jain for the petitioner. Shri S. Purohit i/b. Little and Co. for the company. CORAM: S.U. KAMDAR, J. DATE : 24TH MARCH, 2005. P.C. : P.C. : P.C. : 1. The present company petition is filed by the petitioners inter-alia on the ground that they have entered into transactions for purchase of certain shares in the company and in consideration thereof has paid a sum of Rs.1,50,00,000/- to the respondent company. It is further the case of the petitioner tht though he paid money for the said shares the same are not delivered to the petitioner. :2: :2: :2: 2. The respondent company has filed an affidavit in reply dated 23.3.2005. It is contended in the said reply that in fact the said shares were handed to the petitioner. In support of the aforesaid contention the record of the company has been produced which is a form filed with the register of the company which indicates that infact the petitioner has not only received the said shares but transferred further to a third party namely M/s. Time Masters. In view of the independent document produced by the company in fact indicate that the said shares were transferred in the name of the company in favour of the petitioner, the present petition is necessarily required to be dismissed as the claim of the present petitioner for refund of the amount is totally erroneous and incorrect. In view thereof the present petition is dismissed with no order as to costs. sd/- *******